. . DISASTERS: CHEMICAL SPILLS : RIVERS : WATER : UNITED STATES: STATES: WEST VIRGINIA : WATER POLUTION : ENVIRONMENT: POLLUTION : ENERGY : HEALTH: ISSUES : BUSINESS: COMPANINES: NAMED COMPANIES: FREEDOM INDUSTRIES: Eastman Chemical Faces Federal Suit Over Charleston Spill . . Eastman Chemical Faces Federal Suit Over Charleston Spill By Linda Sandler January 15, 2014 3:20 PM ET Bloomberghttp://www.bloomberg.com/news/2014-01-15/eastman-chemical- faces-federal-suit-over-charleston-spill.html
. A shorter URL for the above link: . http://tinyurl.com/kj6sk2d . .Eastman Chemical Co. (EMN), maker of the chemical that fouled the Elk River after leaking from a Freedom Industries Inc. storage tank, was sued by West Virginia businesses and residents who allege the company concealed cancer-causing elements.
.Safety data sheets issued by Kingsport, Tennessee-based Eastman for the coal-processing chemical hid scientific information on the risks of its carcinogenic and toxic components, according to the filing Jan. 13 in federal court in Charleston, West Virginia. The Jan. 9 spill forced local businesses to shut down, sent people to hospitals and deprived nine counties of tap water for several days.
.The foreseeable risks of harm posed by 4-MCHM could have been reduced or avoided by reasonable instructions or warnings, the plaintiffs said in the complaint, referring to the chemical. Their omission renders the product not reasonably safe.
.Freedom Industries and West Virginia-American Water Co. also were named as defendants. The state attorney generals office said it has started investigating the leak, which made water undrinkable for more than 300,000 West Virginians. Attorney General Patrick Morrisey said residents need answers on what happened so similar events dont occur in the future.
. snip .Freedom Industries failed to meet its obligation to report the leak from its storage tank, built using rivet construction in the 1930s, until more than a week after residents noticed a licorice smell emanating from the facility, according to the complaint.
. Risk Assessment .West Virginia-American Water neglected to do a risk assessment of a potential source of pollution upstream from its water intake on the Elk River, the plaintiffs said.
.The water utility, like other companies that may be sued, has a rulebook and may be liable if it can be proved that officials didnt follow their own guidelines, said Daniel Becnel Jr., a Louisiana lawyer who sued BP Plc on behalf of victims of a 2010 oil spill in the Gulf of Mexico.
. snip .A complaint filed Jan. 10 by Scott Miller accuses Freedom and the water utility of negligence and causing a public nuisance. The utility failed to deal promptly with the emergency and had no procedures in place to prevent chemicals from getting into the water system, Miller said.
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