Source: https://environmentallawmonitor.com/, August 21, 2025
By: Larry D. Mason

On August 18, 2025, the United States Court of Appeals for the Fourth Circuit issued its long-awaited decision in Sommerville v. Union Carbide Corp., reversing the U.S. District Court for the Southern District of West Virginia’s summary judgment ruling in favor of the plant owner defendants. In the case, the lead plaintiff, on her own behalf, and others similarly situated, alleged exposure to ethylene oxide (“EtO”). It is claimed that EtO is a cancer-causing gas. The lawsuit involves manufacturing operations in South Charleston, West Virginia, that operated between 1978 and 2019. The plaintiff claims that the plant emitted EtO into the atmosphere, that she breathed the EtO, and her exposure to EtO increased her risk of developing disease. The plaintiff also claims she has a present need to manage her increased risk of illness through medical monitoring and diagnostic testing and is seeking payment of the costs from the plant owners. Read more.