But in a legal deposition, filed in court as part of DePaulo's motion, Mannan praised Bayer and its employees, saying the MIC unit appears to be a model operation.
In that deposition, Bayer lawyer Al Emch asked Mannan, "So can you say to the citizens of the Kanawha Valley that this Bayer storage facility in place in Institute for MIC is among, if not the best, such facility you have ever encountered at a chemical plant in this country?"
Mannan replied, "This current storage is -- would fit the definition you just gave."
Goodwin is considering a lawsuit filed by 16 Kanawha Valley residents who want to stop Bayer from resuming MIC production for 18 months before eliminating the chemical as part of a corporate restructuring. On Feb. 10, Goodwin issued a temporary restraining order against Bayer, to block MIC production until he could more thoroughly review the matter.
Goodwin is scheduled to begin a preliminary injunction hearing on Monday.
A longer-term injunction could prompt Bayer to move more quickly in eliminating 220 jobs currently scheduled to be phased out as MIC production and use is eliminated.
The case over restarting the MIC unit, which has been down for a reconfiguration since August 2010, is the latest chapter in a 25-year effort by some Kanawha Valley residents to rid the community of the Institute plant's stockpile of MIC. Community activists have focused their concerns on MIC since December 1984, when a leak of the chemical killed thousands of people near a Union Carbide plant in Bhopal, India.
Reach Ken Ward Jr. at kw...@wvgazette.com or 304-348-1702.