A victory for those going after Kentucky bourbon makers means a lawsuit against two distilleries over whiskey fungus is now back on track. A black fungus blankets homes and businesses near bourbon distilleries. It’s called "whiskey fungus" or Baudoinia compniacensis. "It’s a nuisance, its time consuming, and it’s quite expensive," said Bruce Merrick. The fungus is a result of evaporated ethanol and it’s causing serious consequences for Dant Clayton, a national manufacturer of stadium bleachers.