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The class action trial to determine the liability of International Paper for the June 10, 2015, release of Black Liquor from the Evaporator at the Bogalusa Mill which sprayed into the surrounding area is poised to begin trial on Tuesday, Aug. 31. United States District Court Judge Eldon Fallon ruled a class action was proper to determine whether IP was negligent in causing the rupture. Fallon ruled that the trial will examine the conduct of International Paper to determine if it was negligent in causing the release of Black Liquor from the Evaporator. If Plaintiffs are successful and the court determines IP was liable, future trials will determine what damages are appropriate.

International Paper filed a request for an appeal of the decision with the United States 5th Circuit Court of Appeal but the interlocutory permission to appeal the ruling of Judge Fallon was denied in the Fifth Circuit by a unanimous three-panel decision on Aug. 16, paving the way for the trial to begin. IP’s request for a Continuance or Stay of the trial was denied by Judge Fallon.

The trial is expected to last up to five days in New Orleans in federal court at the United States District Court for the Eastern District of Louisiana. The trial was delayed by one day due to Hurricane Ida.