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DuPont Files Appeal with West Virginia Supreme Court on Spelter Lawsuit Decision

Distributed by Press Release

WILMINGTON, Del. (Map) - WILMINGTON, Del., June 24 /PRNewswire-FirstCall/ -- DuPont (NYSE: DD) today filed an appeal with the Supreme Court of Appeals of West Virginia following October's verdict in the Spelter, W.Va., zinc smelter class action lawsuit.

The following statement is to be attributed to DuPont General Counsel Stacey J. Mobley:

"We believe there were many errors that deprived DuPont of a fair trial. DuPont believes it has been unfairly punished for doing the right thing for this property and this community.

"The appeal filed today highlights a number of serious errors committed by the trial court in the Spelter case. We are hopeful that the Supreme Court of Appeals of West Virginia will grant review of this appeal, which raises important questions not only for DuPont but for the State of West Virginia.

"DuPont should not be penalized for conducting a remediation under the supervision of the U.S. Environmental Protection Agency and the West Virginia Department of Environmental Protection.

"DuPont's remediation -- and cooperation with state and federal regulators -- cannot constitute 'wanton, willful or reckless' conduct required under West Virginia law to justify punitive damages.

"We believe the evidence at trial showed that there is no increased risk of disease or need for remediation in the class area. This evidence included soil sampling data showing that contaminant levels on a classwide basis are generally below the safe screening levels established by the West Virginia Department of Environmental Protection.

"The U.S. Environmental Protection Agency, in conjunction with the West Virginia Department of Environmental Protection, also conducted off-site soil testing prior to DuPont's remediation of the Spelter site. Based on these results, neither agency concluded that additional off-site soil testing was necessary. The federal Agency for Toxic Substances and Disease Registry investigated blood-lead levels of children in the Spelter community and found no evidence that children in Spelter were being exposed to hazardous levels of lead.

"DuPont sold the Spelter site in 1950. Nonetheless, the company assumed responsibility for the site remediation and took the initiative to reacquire the property in 2001. DuPont should not be penalized for working with federal and state authorities, particularly where the company's clean-up efforts complied with applicable state and federal regulations and provided a substantial benefit to the community."

DuPont is a science-based products and services company. Founded in 1802, DuPont puts science to work by creating sustainable solutions essential to a better, safer, healthier life for people everywhere. Operating in more than 70 countries, DuPont offers a wide range of innovative products and services for markets including agriculture and food; building and construction; communications; and transportation.

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