Lawsuit over fungus from whiskey vapors revived

Lawsuit over fungus from whiskey vapors revived

LOUISVILLE, KY (AP) - The Kentucky Court of Appeals has revived a lawsuit claiming vapors from Jefferson County bourbon warehouses are causing a black fungus to form on nearby houses and vehicles.

The Courier-Journal reports ( a lower court dismissed the suit, finding the federal Clean Air Act does not allow plaintiffs to sue in state court over air quality. On Friday, a three-judge appeals court panel unanimously overturned that decision.

The lawsuit targets Brown-Forman Corp. and Heaven Hill Distilleries. A joint statement says the companies are disappointed in the decision and considering an appeal to the Kentucky Supreme Court.

In 2013, Diageo Americas Supply Inc. agreed to move 185,000 barrels of whiskey to other warehouses in Kentucky and Tennessee after it was cited by the Louisville Metro Air Pollution Control District.

Information from: The Courier-Journal,

(Copyright 2014 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.)