MIC Complaint Cause of Action

Special to HuntingtonNews.Net

US DISTRICT COURT (Continued)

 V.         Cause of Action


 24.        Plaintiffs incorporate paragraphs 1 through 23 of this Complaint as though fully set out herein.

 25.         The  resumption  and/or  continuing  operation  of  the  Bayer  MIC  production  facility  at Institute, West Virginia constitutes a nuisance which currently deprives plaintiffs of enjoyment of their property and constitutes an imminent and totally unreasonable risk of serious bodily injury and/or loss of life to the public at large.  The risks associated with the restarting of the Bayer MIC facility outweigh any social benefit, particularly the manufacture for no more than 18 months of one pesticide historically produced  at the Bayer MIC facility.   The long term economic  risks associated  with restarting  Bayer’s facility also outweigh any temporary economic loss to Bayer and/or the community.   To be sure, an explosion at the Bayer MIC facility that caused a significant number of bodily injuries and/or loss of life, would   permanently   impair   the   value   of  Plaintiffs   property   in  Kanawha   County,   West   Virginia.

Moreover,  such  a  catastrophic  event  would  convert  the  Kanawha  Valley  into  a  21st   Century  “Love Canal, setting back economic development of the Kanawha Valley  all economic activity, commercial, industrial, service industry, wholesale and retail ---         for many, many decades into the future, assuredly beyond the lifetime of any person now living or working in the Kanawha Valley.   Without regard to any concern for the environment, health or human safety, the potential longterm damage to the economy of  the  Kanawha  Valley,  and  West  Virginia  generally,  from  a  significant,  and  unfortunately  alltoo-­‐ possible, chemical spill at Bayer’s MIC facility in Institute, is enormous.   That potential economic loss dwarfs the incremental adverse economic impact arising from the termination of 220 jobs in February, 2011 vs. the termination  of those jobs sometime in mid2012,  which Bayer has already scheduled, as relayed in its January 11, 2011 announcement.

 

26.        The Bayer facility negligently and recklessly releases significant, dangerous and noxious chemicals  into the residences  of Plaintiffs and the surrounding  communities  of Institute, which cause reasonable fear of death and substantial physical injury in Plaintiffs and other citizens, that substantially interfere with the use and enjoyment of land that they own or lease, that offend, interfere with, and cause damage to the public in their exercise of rights common to all, such as traveling through the communities of Institute from the neighboring communities of Charleston, South Charleston, St. Albans, and Nitro; residing in their dwellings; breathing the air and drinking the water; and living free of fear of chemical annihilation.   Plaintiffs are suffering special damage as a result of the dangerous and noxious chemical  emissions  emitted  by the Bayer facility, and the serious risk of catastrophic  harm posed by current  MIC  manufacturing,  storage  and  usage  procedures  at  the  Bayer  facility,  and  are  adversely affected  in ways  different  than  the  public  at large.   The  dangerous  and  noxious  chemical  emissions emitted  by the Bayer facility, the serious risk of catastrophic  harm, physical and economic,  posed by current  MIC  manufacturing,  storage  and  usage  procedures  at  the  Bayer  facility,  and  the  frequent emission of noxious odors by the Bayer facility, constitute a public nuisance.

 

27.        The Bayer facility negligently and recklessly releases significant, dangerous and noxious chemicals into the Plaintiff’s residences which substantially interfere with the use and enjoyment of land that Plaintiffs own or rent, and cause reasonable fear of death or substantial physical injury to Plaintiffs that substantially interferes with the use and enjoyment of land that they own or lease and constitute a private nuisance.

RELIEF SOUGHT: http://www.prosepoint.net/site/64/1574

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