KAY COUNTY, Okla.--(BUSINESS WIRE)--Today in Oklahoma, the Kay County Board of County Commissioners (the County) filed a lawsuit against Freeport-McMoRan Copper & Gold, Inc. and related affiliates and subsidiaries regarding contamination from the Blackwell Zinc Smelter, which is present in and around county roads and bridges. Freeport-McMoRan is a public company headquartered in Phoenix, Arizona, with operations worldwide. The company’s revenues in 2011 exceeded $20 billion.
According to County Commissioner Tyson Rowe, “We hired legal counsel late last year and instructed them to seek a non-litigation related resolution with Freeport regarding Blackwell Zinc Smelter contamination. Unfortunately, despite months of effort on our part, Freeport refused to cooperate, leaving us no other course of action.”
The Blackwell Zinc Smelter operated between 1916 through 1974 and was one of the largest in the world. Records show the facility produced millions of tons of zinc. The petition states that the smelter also generated millions of tons of airborne emissions and solid waste, which contain elevated levels of arsenic, zinc, lead and cadmium.
The petition also alleges the smelter encouraged its employees, local communities, area residents, and the County to utilize the solid waste material, which resulted in the material being very prevalent in yards, driveways, alleys, and roads in Kay County and beyond.
Freeport-McMoRan, who acquired Blackwell Zinc Company, has previously accepted responsibility for the presence of smelter material and publicly touted its commitment of funds to cleanup efforts within Blackwell. Beginning in 1992, the company (or its predecessors) was ordered by the Oklahoma Department of Environmental Quality to study and conduct an extensive cleanup of the Blackwell community, and in two plans submitted in 2009 and 2011, the company agreed to remove smelter residues that remained exposed within Blackwell.
County officials say that despite the widespread prevalence of this same material throughout the county, Freeport-McMoRan has refused to conduct a similar effort outside of Blackwell and, in some instances, has refused to conduct cleanup operations when requested by area landowners.
“We have strong evidence there is more smelter waste located throughout Kay County than was deposited by the smelter in Blackwell,” Don Shandy, County attorney, said. “Despite 20 years and countless dollars spent studying smelter materials within Blackwell, Freeport-McMoRan has taken the position that more studies are needed, further delaying appropriate action to be taken in the County.”
He continued, “The Blackwell Zinc Smelter waste was obviously determined to be a significant threat to the citizens of Blackwell as well as to the environment. It is no less significant when located elsewhere and should be remediated in the same way. All the people of Kay County deserve to live in a safe and clean environment. This lawsuit will address these concerns on behalf of the County.”
Freeport-McMoRan previously partially settled claims with the City of Blackwell for $54 million and has proposed a class action settlement with the citizens of Blackwell reportedly worth as much as $119 million.