LAWTON, Okla.–Westwin Elements, which operates the first nickel refinery of its kind in the U.S. on Kiowa, Comanche and Apache ancestral lands, is facing mounting criticism from the people of Lawton, who are questioning Westwin’s lawsuit against former partner company CVMR.
The refinery produces nickel powder for electric vehicles, stainless steel, and aerospace technology. To receive funding, the company needs a bankable feasibility study (BFS) that helps investors determine whether operating a refinery in a given area is profitable and safe.
As this new project operates under a new administration that continues to deprioritize environmental justice, activists and community members seek answers about where Westwin’s feasibility study will come from and how the company will ensure the community’s safety and prosperity.
Westwin’s troubled partnership with CVMR
Westwin’s relationship with CVMR has been fraught with tension. In 2022, Westwin planned to refine both cobalt and nickel, relying on CVMR’s exclusive patents to build and operate the refinery.
However, in 2023, Westwin cut ties with CVMR, citing the company’s failure to complete a BFS—a comprehensive assessment of the refinery’s viability, including its economic viability and environmental impact.
In 2023, the Black Wall Street Times contacted a lead engineer at CVMR for comment, but he declined to speak on the matter, only stating that the technology used to refine nickel is safe.
Now, tensions have escalated, and Westwin filed a $3 million lawsuit against CVMR for failing to deliver the study that would have guided both Westwin and the city in assessing the refinery’s financial and environmental sustainability.
Westwin argues that CVMR has a history of misleading businesses. According to DaQuawn Bruce, the chief public affairs officer for Westwin Elements, the company made false claims about its technology and its employees’ experience and operational capabilities.
”The lawsuit is not only about recovering lost funds but also about making a public stand against a company with a history of defrauding individuals worldwide,” Bruce said.
Questions about the feasibility study
Kaysa Whitley, leader of Westwin Resistance, says Westwin has not been transparent enough in its operations, especially since the feasibility study has not been completed.
“Since when did proof of concept stop being a standard?” Whitley asked. “The city relied on CVMR’s reputation, and Westwin let officials enter into agreements knowing CVMR wouldn’t be involved.”
The Lawton City Council approved the project under the assumption that Westwin and CVMR were working together on a bankable feasibility study (BFS) that evaluates whether industrial facilities like refineries are financially viable, technically sound, and environmentally compliant.
It is considered “bankable” because investors and financial institutions use it to determine whether to fund the project.
Ties broke between Westwin and CVMR before the city approved the project in February 2023.
“If CVMR misled Westwin,” Whitley argues, “then Westwin misled the entire city of Lawton.” The community worries that without an independent study, neither the company nor city leaders can prove the refinery’s environmental safety.
After last week’s city council meeting, one community member wrote to the Lawton Constitution about their disappointment with Councilman Warren, who said, “Council members wanted to find a way to pay firefighters more without unduly burdening the taxpayers.” Yet councilors voted to give themselves raises.
Whitley wonders who is doing the feasibility study now, if not CVMR.
Westwin claims study is on track
According to Westwin, they’ve conducted a few different feasibility studies: one trade-off study to analyze the benefit of carbonyl refining versus hydro or pyro refining. The study revealed that the carbonyl process is more environmentally sustainable than other forms of refining and helped begin Westwin’s investment phase.
Westwin said they conducted a feasibility study for the demonstration refinery that provided Westwin a detailed engineering plan.
The company also said it conducted an environmental analysis that was used to inform Westwin’s processes used by the engineering firms for permitting and the overall environmental impact of the refinery.
Now Westwin is going through a bankability study for the first phase of its commercial facility to find out how much material will need to be produced to be fully operational.
The need for more transparency and investment in the community
In 2024, before the pilot plant went online, the Lawton company assembled an in-house team of engineers from Canada and CVMR with expertise in carbon refining technology. The company claims that this new team has a combined experience of 250 years in the technology. However, shifting from a supposedly proven process to an internal system raises red flags for the community.
The lawsuit adds another layer of concern. Whitley suggests that Westwin may have poached an engineer from CVMR who owns key patents, raising legal questions about intellectual property.
“They’re suing CVMR over patents, but the technology still legally belongs to CVMR,” Whitley pointed out.
Additionally, local officials initially endorsed the refinery, believing that CVMR’s process was environmentally neutral. Westwin claims that CVMR’s technology was never meant to ensure the refinery would be environmentally neutral.
“There have been claims that CVMR’s technology will make our technology more environmentally friendly. That is a false and inaccurate statement,” Bruce said.
Community backlash
Residents and activists continue to demand clear answers about how Westwin will manage emissions, waste disposal and potential contamination of Lawton’s land and water sources.
Westwin insists its refining process is environmentally sound. The company said its technology produces zero solid or liquid waste. The only output is carbon dioxide (CO2), which is safely released into the environment. However, activists argue that CO2 is still a greenhouse gas and that the community deserves more transparency regarding long-term emissions and environmental oversight.
CVMR maintains that the carbonyl refining technology it developed and patented remains one of the safest refining processes in the world—if implemented correctly.
In an email to The Black Wall Street Times, a CVMR representative stated:
“If the appropriate feed material is used and the safety protocol developed over 100 years is properly followed, the carbonyl nickel refining technology is the best technology to produce very high-quality nickel. It is environmentally neutral, and all process gases are recycled. The process generates no toxic waste.”
Residents skeptical of Westwin
The representative also pointed out that nickel carbonyl refining technology has been used in Wales for over 100 years, in Ontario for over 52 years, in Russia for over 60 years, and in newly built refineries in China. The process has been proven safe across multiple countries when used under proper conditions.
However, Whitley remains unconvinced that Westwin’s version of the process is as reliable.
“They’re suing CVMR over patents, but the technology still legally belongs to CVMR,” Whitley pointed out. “How can they claim they have a better process when they took it from someone else?”
Furthermore, Westwin Resistance points to a missing archaeological study of the land, which could determine whether the refinery site holds significant Indigenous artifacts or burial grounds. “They’ve never done any field inspections—no LiDar or ranging scans. Nothing,” Whitley stated. “How can they claim this land is safe when they haven’t even looked?”
A pattern of broken promises?
As the refinery moves forward, many in Lawton feel Westwin and city officials have not been on the same page. Initially, the city council banked on CVMR’s credibility, touting the Canadian company’s patented refining process as environmentally safe and critical for national security. Westwin has now filed a lawsuit against CVMR, claiming those same patents and processes were never viable.
Whitley believes this raises serious red flags.
“At what point is there accountability?” she asked. “How much farther does this have to go before someone steps up?”
Westwin maintains that it is committed to Lawton’s future. The company promises high-paying jobs, with plans to pay plant operators an average salary of $100,000 annually. It has also partnered with Great Plains Technology Center and local schools to create workforce training programs.
Yet, activists remain skeptical of Westwin’s commitment to the community and know that nickel exposure can be unsafe amid the lawsuit.
“Westwin has not sent a single dollar to the citizens,” Whitley said. “But they are actively making money off of us.”
Westwin lawsuit: What comes next?
- The Westwin lawsuit: The case against CVMR is expected to proceed in court, potentially revealing more details about the refinery’s operations and financial stability.
- Environmental oversight: Will Oklahoma regulators and federal agencies demand additional environmental assessments?
- Community action: Westwin Resistance is organizing teach-ins and protests, pushing for public hearings, and demanding that Westwin provide concrete evidence of its safety measures and financial backing.
As these questions remain unanswered, Lawton residents are left wondering: Is this refinery truly safe, and if not, who will be held responsible?
Related Stories:
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- Westwin Resistance hosts teach-in on dangers of Lawton refinery
- Westwin cobalt/nickel refinery faces opposition in Lawton