By: Michael Lemley | Posted: Jan. 10, 2018 | Source: WV News
CHARLESTON — A $151 million settlement for a class-action lawsuit over a 2014 chemical spill is close to its final court approval following a hearing Tuesday.
U.S. District Judge John Copenhaver said that he wants to see updated numbers on the number of claims have been filed and also receive a report from a court-appointed guardian, who works to protect the interests of children who have claims to part of the settlement, before granting the approval.
As of Dec. 19, over 43,000 households in the affected areas have filed claims, as well as nearly 2,000 businesses, according to a claims report filed to the District Court Dec. 29.
In 2014, chemicals were released from a Freedom Industries plant into the Elk River. The spill occurred upstream from an intake for a West Virginia American Water Co. intake, treatment and distribution center and resulted in contaminated water for hundreds of thousands of customers. Portions of nine counties were affected: Boone, Cabell, Clay, Jackson, Kanawha, Lincoln, Logan, Putnam, and Roane.
The lawsuit is against West Virginia American Water and Eastman Chemical Co., and alleges that both companies inadequately handled the incident. The suit says that West Virginia American Water did not adequately prepare for or respond to the spill. It also claims Eastman Chemical did not warn Freedom of the dangers of the chemical or take action when Eastman officials learned that the Freedom facility was in disrepair.
Affected households and businesses can file simple claims to receive flat sums of money based on the number of residents in the household or the size of the business or submit a detailed claim that documents losses. The deadline to submit claims is Feb. 21, and, assuming approval, distribution will begin after.
Copenhaver scheduled a hearing to consider the requested information for Feb. 1.
