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Judge denies restraining order against chemical company

SOUTH CHARLESTON, W.Va. (AP) — A federal judge has denied a West Virginia landholding firm’s request for a restraining order that would require chemical giant Union Carbide to stop all discharges from a landfill in South Charleston.

The Courtland Company found elevated levels of toxic chemicals on land it owns near Union Carbide’s Filmont landfill in South Charleston and alleges it is a toxic dumping site leaking hazardous substances into nearby Davis Creek and its tributaries.

The company filed in February for a temporary restraining order and preliminary injunction directing Union Carbide to stop all discharges from the site into nearby waters within 14 days.

Senior Judge John Copenhaver, Jr. on Monday denied the request, the Charleston Gazette-Mail reported. The judge ruled Courtland didn’t present enough evidence that pollutants from the site were being deposited on its property.

Union Carbide attorney Patricia Bello said the corporation is pleased with the decision and will continue to defend itself in related litigation.

Courtland Company attorney Michael Callaghan said his client’s cases against Union Carbide will proceed. The company alleges the Filmont site has been discharging contaminants for decades.

“We’re disappointed in the ruling, but we understand it,” said. “Certainly, Courtland is looking forward to its day in court, whenever that day will come.”

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