State Supreme Court upholds Monsanto pollution settlement with Nitro

CHARLESTON, W.Va. — The approval of a settlement in a lawsuit over pollution of the community of Nitro with dioxin from the former Monsanto chemical plant has been upheld by the state Supreme Court.

By a 4-1 vote Friday, the High Court affirmed a January ruling made by Circuit Judge Derek Swope in the case.

Swope approved the class-action settlement which was meant to resolve long-standing allegations that Monsanto had contaminated Nitro with toxic pollution from the production of the defoliant Agent Orange.

The court stated in its 14-page decision that it found “no substantial question of law and no prejudicial error” in Swope’s settlement approval order.

Under the settlement worth $93 million, many Nitro residents would be eligible to receive medical monitoring and property cleanups.

The former Monsanto plant produced various chemicals for more 50 years, including Agent Orange, a defoliant deployed widely in the Vietnam War.

It was with Agent Orange where concerns were raised by residents because its production creates dioxin as a toxic chemical byproduct. Dioxin has been linked to cancer, birth defects, learning disabilities and other medical illnesses.

Before the beginning of a six month trial, Monsanto agreed to the settlement in February 2012.

The agreement involved a 30-year medical monitoring program with a primary fund of $21 million for initial testing and up to $63 million in additional money depending on what levels of dioxin are found in residents.





More News

News
State, local leaders break ground for KOA campground, celebrate new features at Mylan Park in Mon County
Ceremony held Wednesday,
April 25, 2024 - 1:14 am
News
46 West Virginia educators become nationally board certified
The educators were honored for becoming nationally board certified at the state Culture Center Wednesday.
April 24, 2024 - 9:50 pm
News
Locked Shields 24 testing cyber warfare skills in Morgantown
190 cyber experts part of drill.
April 24, 2024 - 9:30 pm
News
PSC Staff says Mountaineer Gas acted "appropriately and reasonable" following November major natural gas outage on Charleston's West Side
Memorandum filed as part of general investigation.
April 24, 2024 - 5:44 pm


Your Comments