An environmental whistleblower has alleged that sulfur trioxide, a poisonous gas, has been leaking continuously from a DuPont chemical plant for the past three years, and that DuPont did not report those leaks as required by law. The whistleblower alleges that DuPont used plastic tubes and duct tape to temporarily fix the leaks instead of shutting the plant down for a long enough time in order to perform proper and lasting repairs. The whistleblower alleges that the leaks should have been reported to the Environmental Protection Agency under the Toxic Substance Control Act, but that they were not reported because the company wanted to avoid being fined for the chemical releases by the federal government.
DuPont has denied the whistleblower’s allegations and claims that the plant is tightly regulated by state and federal agencies. It further states that no proof of harm from the alleged releases can be obtained. This whistleblower trial is the latest legal action which calls DuPont’s safety record into question. DuPont has reported thirty four accidents involving toxic releases and at least eight fatalities at its American plants since the year 2007. Last year, four workers at another DuPont plant died after they were exposed to methyl mercaptan. Federal and state officials are still investigating the deaths of those workers.
The current whistleblower lawsuit uses the provisions of the False Claims Act in a novel way, to address a situation in which there is alleged to have been a lack of environmental reporting by a company in order to avoid fines. In cases like this, a whistleblower can recover their court costs and also win a share of the government’s recovery, if the government is awarded damages because of the evidence that the whistleblower supplied. In this case, the whistleblower is someone who previously served DuPont for fourteen years as the chair of the plant’s Safety, Health and Environment Committee. He believes that a company manual required him to report chemical releases, such as the aforementioned leaks, as required by the Toxic Substance Control Act. He claims that he made multiple reports to his supervisors about the leaks, but the plant manager advised him to keep the information inside the company. His claim is supported by photos and videos, testimony from other senior plant employees, and even an audio tape of the plant manager warning employees not to discuss emissions with outside agencies.
Barrett Law PLLC: Standing up for Mississippi Whistleblowers
If you exposed the wrongdoing of your employer to your detriment, the Mississippi Whistleblower Attorneys at Barrett Law PLLC are here to help you pursue a whistleblower claim. Our attorneys know how to guide you through the whistleblower claims process and towards full financial recovery for the various types of losses and damages that you have experienced as a result of your brave actions. Please call the knowledgeable whistleblower attorneys at Barrett Law PLLC today at 1 (800) 707-9577 to schedule your free, initial consultation.