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WEST VIRGINIA STATE UNIV. BD. v. DOW CHEMICAL

No. 20-1712.

23 F.4th 288 (2022)

WEST VIRGINIA STATE UNIVERSITY BOARD OF GOVERNORS, Plaintiff-Appellee, v. The DOW CHEMICAL COMPANY; Union Carbide Corporation; Bayer Corporation; Bayer CropScience LP; Bayer CropScience Holding, Incorporated; Rhone-Poulenc, Incorporated, Rhone-Poulenc AG Company; Rhone-Poulenc AG Company, Inc.; Aventis CropScience USA, LP, Defendants-Appellants.

United States Court of Appeals, Fourth Circuit.

Decided: January 10, 2022.

Attorney(s) appearing for the Case

ARGUED: Kasdin Miller Mitchell , KIRKLAND & ELLIS LLP, Washington, D.C., for Appellants. Benjamin James Hogan , BAILEY & GLASSER LLP, Morgantown, West Virginia, for Appellee. ON BRIEF: Douglas J. Kurtenbach , Nader R. Boulos , Daniel I. Siegfried , KIRKLAND & ELLIS LLP, Chicago, Illinois; Floyd E. Boone, Jr. , BOWLES RICE, LLP, Charleston, West Virginia, for Appellants. Samuel A. Hrko , Victor S. Woods , Charleston, West Virginia, Brian A. Glasser , BAILEY & GLASSER LLP, Washington, D.C., for Appellee.

Affirmed by published opinion. Chief Judge Gregory wrote the opinion, in which Judge Niemeyer and Judge Richardson joined.

This case deals with groundwater contamination on land owned by West Virginia State University ("WVSU"), a historically Black university, which is adjacent to a 433-acre industrial park located in Institute, West Virginia that consists of a chemical manufacturing plant and wastewater...

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