The NYS Court of Appeals heard the case of FMC verses the DEC on March 21, 2018. A decision should be rendered in about 60 days. To view a summary of the case argued click here [3].
To veiw a Youtube video of the arguments made before the court click here [4]. This video runs about 30 minutes.
The six judges on the bench (one was absent) seemed to be well informed and prepared even though some of their questions were more historical than pertaining to the case at hand.
The attorney for the DEC stated the contamination in the school yard and properties surrounding the plant was from overflow runoff from the lagoon or western impoundment area between 1981 and 2008. However we know that the much of the area currently being remediated was contaminated by airborne particles released from the plant before FMC discontinued using arsenic in 1974. It appears the DEC's case has some fallacies.
