USA and Texas v. DuPont

4:20-cv-024223 15-3564919
November 18, 2014
Final judgment
United States, Houston

Governments
United States of America, State of Texas
Dupont De Nemours, Kenneth Sandel
No description

Civil court
Civil action for injunctive and declaratory relief
, Methomyl, Carbamate, Fungicide, Methyl mercaptan, Lannate, Vydate
Resolve DuPont’s liability for alleged violations under RCRA, including failure to determine if a solid waste is a hazardous waste; treatment, storage or disposal of hazardous waste; ... failure to fully implement the facility’s SPCC plan and failure to comply with Pesticide Active Ingredient (“PAI”) MACT at its Biological Water Treatment unit.
District court for the Southern district of Texas of Houston , United States

April 24, 2023
Positive
The injunctive relief required by the consent decree includes: Develop a RCRA Waste Management Plan; Investigate the sediments; submit a report which will address the full nature and extent of the contamination;… DuPont will pay a civil penalty of $3.195M to resolve the alleged past violations of RCRA, CWA and CAA and the penalty will be split with the State of Texas.

On November 15, 2014, an explosion in DuPont’s La Porte facility killed 4 employees when methyl mercaptan was released. It is a toxic chemical used in the company’s insecticide and fungicide manufacturing process. The consent decree of7/9/2020, which aims at cleaning up the plant, resolves DuPont’s liability for alleged violations under the Resource Conservation and Recovery Act (RCRA). DuPont will pay a civil penalty of $3.195M to resolve the alleged past violations of RCRA, CWA and CAA and the penalty will be split with the State of Texas who is a co-plaintiff in this action. On April 24, 2023 Kenneth Sandel, the unit operation leader of the Insecticide Business Unit where the accident occurred, pleaded guilty to criminal negligence, individually. He was sentenced to one year of probation. The company, also pleaded guilty and was ordered to pay $12 million. In total, DuPont will pay $19.26 million for its unlawful conduct. The total includes $12 million in fines and $4 million in Fish & Wildlife Foundation donations.