Dupont Morgantown indemnified

[Lenny Siegel <lsiegel@cpeo.org>]

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WORLD WAR II AND SUPERFUND
Court says government agreed to pay for company's future liabilities in
1940 contract

CHERYL HOGUE
Chemical & Engineering News
May 18, 2004 

During World War II, many companies, including chemical giant DuPont,
made goods for the military under contract at government-owned
facilities. Now, six decades later, these companies may get the
government to pay for their Superfund cleanup liability from those war efforts.

A federal appeals court recently found that the military agreed to
indemnify - to pay for any loss or damage - DuPont for costs associated
with an ordnance plant the company operated during World War II. This
includes costs that the company incurred because the facility, in
Morgantown, W.Va., eventually became a Superfund site, the U.S. Court of
Appeals for the Federal Circuit ruled ("E.I. Du Pont de Nemours, et al.
v. U.S").. DuPont was among the companies that formerly operated the
facility and helped pay to clean up chemical contamination at the site.

Under a November 1940 contract with the government, DuPont built the
facility, initially to produce anhydrous ammonia for use in ordnance.
The plant was expanded between 1941 and 1945 to make methanol,
formaldehyde, hexamine, and benzol, according to information DuPont
provided to the Environmental Protection Agency about the Superfund
site. DuPont?s manufacturing at the site ceased in 1945, at the end of
World War II. DuPont was released from accountability for the property
and equipment by the government in 1946.

...

for the entire story, see
http://pubs.acs.org/cen/news/8220/8220earlygov.html

-- 


Lenny Siegel
Director, Center for Public Environmental Oversight
c/o PSC, 278-A Hope St., Mountain View, CA 94041
Voice: 650/961-8918 or 650/969-1545
Fax: 650/961-8918
<lsiegel@cpeo.org>
http://www.cpeo.org

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