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DuPont has been declared negligent in creating a 112-acre waste site tainted with arsenic, cadmium and lead.
A Clarksburg jury ruled against the company, siding with 10 West Virginians who say the chemical maker should clean up the mess and perhaps compensate residents who now fear for their health.
The 11-member jury found that DuPont created a public and private nuisance to the communities around the site of a former zinc-smelting plant.
The jury also sustained that DuPont's pollution illegally trespassed onto private property, indicating the company should be held strictly liable for exposing residents to the toxins.
DuPont attorney Dave Thomas said the company did nothing wrong.
It is the second major problem DuPont is facing in West Virginia, following multi-million dollar rulings and agreements related to the alleged tainting of Mid-Ohio Valley water by the dumping of C-8, a longtime chemical manufactured in Wood County for use in Teflon.
The Harrison County verdict clears the way for a second proceeding which will decide over the next few days whether thousands of residents in and around the small town of Spelter deserve routine health screenings.
DuPont has already set aside $15 million to deal with possible claims.
"I think it's a victory for all West Virginians, considering the issues that were tried," said Mike Papantonio of Pensacola, Fla., lead attorney for the plaintiffs. "It's an attempt by this jury to take back the environment."
For over 90 years, the plant produced more than 4 billion pounds of slab zinc and 400 million pounds of zinc dust, materials used in rustproofing products, paint pigments and battery anodes.
The plaintiffs said DuPont knew the waste products were dangerous and acted with negligence.
In closing arguments, it was argued that state and federal regulators were complicit in the pollution at Spelter, even signing reports written by DuPont.
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