DuPont Responds to West Virginia Supreme Court Ruling in Spelter Case

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Mar 26, 2010, 04:54 ET

WILMINGTON, Del., March 26 /PRNewswire-FirstCall/ -- The following statement is in response to today's Supreme Court of Appeals of West Virginia ruling in the Spelter, W.Va., zinc smelter case. The statement is to be attributed to DuPont General Counsel Thomas L. Sager.

"We are extremely disappointed that the Supreme Court of Appeals of West Virginia has refused to reverse the outcome of the Spelter verdict. DuPont was denied a fair trial by numerous errors. However, we are pleased the court has called for a new trial on the matter of statute of limitations, which we were denied the opportunity to present to a jury at the original trial. DuPont looks forward to presenting its case on statute of limitations at a new trial.

"The evidence shows that there is no increased risk or need for remediation in the class area. DuPont last operated the Spelter plant nearly 60 years ago, and sold the site in 1950. Nonetheless, the company assumed responsibility for the cleanup of the site, reacquiring the property for that purpose in 2001. DuPont completed the cleanup in 2006, providing a substantial benefit to the community. Both the scope of the remediation effort and DuPont's cleanup of the smelter site were, and continue to be, supervised by state regulators. In light of these sustained activities, we do not believe a punitive award is merited.

"DuPont has had manufacturing operations in West Virginia for more than 80 years with a solid track record of investment, employment and community involvement. The outcome of today's ruling, if allowed to stand, makes it increasingly difficult for companies, both small and large to continue to do business in West Virginia now and into the future."

DuPont (NYSE: DD) is a science-based products and services company. Founded in 1802, DuPont puts science to work by creating sustainable solutions essential to a better, safer, healthier life for people everywhere. Operating in more than 70 countries, DuPont offers a wide range of innovative products and services for markets including agriculture and food; building and construction; communications; and transportation.

SOURCE DuPont