Dow Today – Dow Seeks Rehearing of Black University’s Contamination Lawsuit

West Virginia State University’s lawsuit alleging contamination on its property belongs in federal court because it challenges an ongoing, EPA-directed cleanup, the Dow Chemical Co., Bayer Corp., and other companies say in their bid for full Fourth Circuit review.

The appeals court ruled Jan. 10 that the case stays in state court because the companies weren’t acting under the Environmental Protection Agency’s control. But the companies say they worked directly with the EPA for years, and the agency acknowledged the cleanup efforts were subject to its “direction and oversight,” according to the petition for rehearing.

The panel’s decision …