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Dow Must Defend Black University’s Pollution Suit in State Court

Jan. 10, 2022, 6:51 PM

West Virginia State University’s lawsuit over alleged contamination on property owned by the historically black university can remain in state court, the Fourth Circuit affirmed Monday in a loss for Dow Chemical Co., Bayer Corp., and other companies.

WVSU sued after the companies refused to pay for removing groundwater contamination and installing protective barriers on the property. The university is located near a chemical manufacturing plant and wastewater treatment unit in Institute, W. Va. The facility is owned by the Union Carbide Corp., which is a subsidiary of Dow.

Dow, Bayer, and others told the U.S. Court of ...