The Natural Resources Defense Council and two residents of Dickson, Tennessee have filed a lawsuit against the Dickson County and city governments. They allege that trichloroethylene, TCE, an industrial chemical disposed at the Dickson Landfill that has been linked to neurological and developmental harm and cancer, poses an imminent and substantial endangerment to human health and the environment.

Dickson, a town of some 12,000 people is located about 35 miles west of Nashville. [map]

The Dickson County Landfill, 74 acres off Eno Road, sits within 500 to 2,000 feet of approximately 40 homes, most owned by blacks. This community group is fighting to rid their area of contamination from the Dickson County landfill.

One African American family in particular, the Holts, a family of black landowners, has been especially harmed by the chemical. Many Holt family members are struggling with cancer and other illnesses, and two of its members are plaintiffs in this lawsuit.

The environmental group and Sheila Holt-Orsted and Beatrice Holt allege that TCE pollution has seeped beneath the landfill to underlying groundwater and has spread through a large area of Dickson County.

TCE contamination has rendered water from wells and springs as far as two to three miles from the landfill unfit for human consumption, the plaintiffs claim.

Polluted spring water is flowing directly into the West Piney River, a fishing stream and a major source of drinking water for the Water Authority of Dickson County. Several square miles of Dickson County have been recognized as an ‘imminent threat’ area by the county.

TCE contamination above drinking water limits, and orders of magnitude above U.S. Environmental Protection Agency screening levels for drinking water, has been found in at least one well even beyond that threat area.

In some areas, this TCE contamination may be growing worse, the plaintiffs claim, but the city and county have not done anything to remove the contamination.

"Some two decades after TCE was first detected in nearby drinking water sources, those responsible have not even fully characterized the present extent and likely future spread of the contamination. Defendants have, in effect, surrendered the ground and surface water of Dickson County to the slow spread of an invisible and toxic chemical," the complainants said in a statement.

The complaint asks the Court to require the defendants to investigate the present extent and future spread of TCE contamination from the landfill in the soil, surface water, and groundwater of Dickson County; to remediate and abate TCE contamination.

Holt-Orsted has undergone six surgeries and chemotherapy for breast cancer. The Holts originally filed lawsuits in 2003 and 2004, naming the city and county of Dickson and the state of Tennessee, and claiming the family was a victim of negligence that resulted in their cancers and other health problems.

Attorneys for the county and state deny the claims in the earlier lawsuits.

An article [entitled Deadly Tenessee Two-Step Pushes Leaky Landfill Away from Officials' Homes] by Robert Bullard, director of the Environmental Justice Resource Center at Clark Atlanta University in Atlanta, Georgia, gives background and detailed water test information.

Costly taxpayer-financed plans to address toxic-chemical contamination in residential pockets of northeast Rochester and central Brighton will be detailed at separate public meetings this week.

The state Department of Environmental Conservation has scheduled a meeting for Tuesday evening to discuss a $1 million proposal to remove tainted soil and take other steps to address contamination at a now-closed business at Fernwood and Portland avenues in northeast Rochester.

The DEC first learned in 2000 that Preferred Electric Motors had spilled solvents and other potentially harmful materials in the course of its work refurbishing electric motors. Trichloroethene (TCE), tetrachloroethene (PCE) and other solvents are contaminating groundwater near the former business, prompting the state to install ventilation systems in two homes to guard against the build-up of toxic vapors.

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The proposed cleanup would remove about 450 cubic yards of contaminated soil and include steps to speed the degradation of solvents in the groundwater. The floor of the building, which is contaminated with cancer-causing polychlorinated biphenyls (PCBs), would be cleaned and sealed.

The building was purchased three years ago by a Greece carpet company that stores product there, according to the DEC.

On Thursday, another group of state officials will convene a meeting in Brighton to discuss a proposed $3.7 million plan to address a complicated PCE contamination problem underneath a section of Brighton just southeast of the Twelve Corners.

The solvent contamination there first came to light during investigation of a 2003 petroleum spill at a service station at the corner of Brooklawn Drive and Monroe Avenue. Officials first pointed the finger at Carriage Cleaners, at that same intersection, as the source of the PCE, a common dry-cleaning solvent.

Then last year, DEC said they had found high levels of PCE in soil and groundwater near a former Speedy's Cleaners just across Monroe Avenue from the other two businesses. It also was identified as a likely source of the solvents. Vapor ventilation systems had been installed in at least 11 structures to address petroleum vapors. PCE vapors prompted installation of systems in three residential and one commercial building.

As part of its long-term cleanup plan, the environmental agency now proposes to install systems that would extract both air and groundwater from below the surface for treatment to remove any solvents. About 720 cubic yards of tainted soil also would be excavated.

Both central Brighton and northeast Rochester are served by public water, meaning no one should be drinking the contaminated groundwater. But in recent years, officials have recognized that solvents can evaporate underground and rise through the soil — and can, in some cases, the vapors can accumulate inside homes or businesses above.

Both TCE and PCE may cause cancer or other serious health problems in people exposed to high levels. The affects of low-level exposure are less clear — but the DEC and the state Department of Health have given special attention in recent years to possible intrusion of solvent vapors.

Both cleanup projects would be paid for with money from New York's Superfund, which finances work at hazardous waste disposal sites when the responsible parties do not step in. The DEC's written cleanup proposals, provided by the agency Friday, indicated that companies judged responsible for the Rochester and Brighton contamination have declined to pay for the work. The DEC may pursue legal action against them to recover its costs, the proposals said.

Residents of the neighborhood affected by the petroleum and PCE spills in Brighton filed a civil suit in 2004 against the companies that owned the service station and the two dry cleaners, as well as the town of Brighton.

The plaintiff's lawyer, Alan Knauf, could not be reached for comment late Friday. But a January letter from Knauf in the case file in U.S. District Court said the plaintiffs had reached a settlement agreement with all the defendants except for Speedy's.

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Anderson Pangia & Associates, together with liason counsel Kevin Persio, continues to aggressively prosecute cases on behalf of those injured as a result of the water contamination at Camp Lejeune. However, due to limited resources and the need to focus on cases best positioned to test the legal and scientific issues in the litigation, please note that NEITHER ANDERSON, PANGIA NOR MR. PERSIO ARE ACCEPTING NEW CAMP LEJEUNE CASES AT THIS TIME. Please check this website periodically as this status may change. Thank you for your patience.

A second wave of legal claims seeking damages from IBM Corp. related to pollution in Endicott has been filed in state Supreme Court in Binghamton, bringing the total to more than 240 plaintiffs, with more on the way.

The 82-page document representing 151 property owners and residents was filed electronically late Friday afternoon by Philip Johnson, an attorney with the Vestal law firm of Levene Gouldin & Thompson. Johnson is part of a team of seven law firms representing more than 1,000 clients in the massive toxic tort case against IBM seeking more than $100 million in damages for a range of hardships related to the pollution. They include cancer and other illnesses, property devaluation, loss of business, medical expenses and related monitoring, and hassles of dealing with the pollution.

The first wave of claims, representing 94 plaintiffs, was filed early last month.

Given the inability or unwillingness of the nation’s regulatory apparatus to address workplace hazards, litigation by [...] workers is a logical alternative. In fact, it may be the only means of compelling employers to protect their workers.

Release date: 01/25/2008

Contact Information: David Deegan, (617) 918-1017

(Boston, Mass. - Jan. 25, 2008) - The U.S. District Court in Massachusetts on January 9 entered a settlement agreement (Consent Decree) for the 850 acre Groveland Wells Nos. 1 and 2 Superfund site in Groveland, Mass [see map]. Settling with the United States, on behalf of EPA, is Groveland Resources Corp. and Valley Manufacturing Products Co.

Under the terms of the agreement, the Settling Defendants will pay 100 percent of the Net Sale or Net Lease Proceeds in the event their property on the Site is sold or leased to reimburse the United States for costs incurred at the site. The Settling Defendants will also be required to impose certain deed restrictions or institutional controls on the Site in order to protect EPA's cleanup actions at the site.

The Groveland Wells Site is located within a residential area in the southwestern part of the Town of Groveland. Valley Manufactured Products Co. manufactured screw products as well as metal and plastic parts from 1963 until 2001. The site is contaminated primarily with trichloroethene (TCE) which was used to clean (degrease) finished parts. TCE was released into the ground from a variety of sources including, underground storage tanks, underground disposal systems and intentional dumping. The Groveland site was added to EPA's National Priority List in September 1983. EPA has been conducting cleanup actions at the site that address the contamination in the soil and groundwater.

It costs more than $1 million to install perchlorate filters on a well, and about $500,000 a year for maintenance.
...
Fontana Water Co. General Manager Mike McGraw said the city spent about $3 million to set up treatment for two contaminated wells.
...
[Colton] has spent more than $4 million to date treating three wells for perchlorate, Medina said. He wouldn't rule out a rate increase.
...
Rialto is suing the Department of Defense and 42 of its contractors, as well as fireworks manufacturers, for perchlorate contamination. One defendant, B.F. Goodrich, gave $4 million to the cities and district.

Rialto has spent about $7.6 million on legal fees and cleanup. It is treating two of its wells for perchlorate contamination.

The City will continue to provide the citizens of Rialto with clean, safe, and affordable drinking water. It will also pursue parties that are responsible for the perchlorate pollution to pay for the clean up of the Rialto-Colton Groundwater Basin. It will repay Rialto’s ratepayers for the costs incurred in forcing the polluters to clean it up.

Henry Garcia, City Administrator

In “toxic tort” lawsuits, or claims brought as a result of exposure to hazardous substances, a typical plaintiff “alleges he has developed a disease because of exposure to a toxic substance negligently released by the defendant.” In some cases, however, the plaintiffs “seek to recover the costs of long-term diagnostic testing and medical examinations, which they claim are necessary to detect latent diseases or ailments that might later develop as a result of toxic exposure.” This novel theory of recovery is frequently labeled “medical monitoring.” Plaintiffs bringing claims for medical monitoring “seek post-exposure, pre-symptom recovery for the expense of periodic medical examinations to detect the onset of physical harm.” Plaintiffs who bring actions seeking the establishment of a medical monitoring fund may not suffer any current physical injuries and often do not even exhibit symptoms of disease as a result of their alleged exposure.

States That Allow Medical Monitoring in the Absence of Present Physical Injury

State	Authority
Arizona	Burns v. Jaquays Mining Corp., 752 P.2d 28 (Ariz. Ct. App. 1987)
California	Potter v. Firestone Tire & Rubber Co., 863 P.2d 795 (Cal. 1993)
Colorado	Cook v. Rockwell Int’l Corp., 755 F. Supp. 1468 (D. Colo. 1991)
Connecticut	Martin v. Shell Oil Co., 180 F. Supp. 2d 313 (D. Conn. 2002)
District of Columbia	Friends for All Children, Inc. v. Lockheed Aircraft Corp., 746 F.2d 816 (D.C. Cir. 1984)
Florida	Petito v. A.H. Robins Co., 750 So. 2d 103 (Fla. Dist. Ct. App. 1999)
Guam	Abuan v. Gen. Elec. Co., 3 F.3d 329 (9th Cir. 1992), cert. denied, 510 U.S. 1116 (1994)
Illinois	Lewis v. Lead Indus. Ass’n, 793 N.E.2d 869 (Ill. App. Ct. 2003)
Montana	Lamping v. Am. Home Prods., Inc., No. DV-97-85786 (Mont. 4th Dist. Ct. Feb. 2, 2000)
New Jersey	Ayers v. Twp. of Jackson, 525 A.2d 287 (N.J. 1987)
New York	Patton v. Gen. Signal Corp., 984 F. Supp. 666 (W.D.N.Y. 1997)
Ohio	Day v. NLO, 851 F. Supp. 869 (S.D. Ohio 1994)
Pennsylvania	Redland Soccer Club, Inc. v. Dep’t of the Army, 696 A.2d 137 (Pa. 1997)
Utah	Hansen v. Mountain Fuel Supply, 858 P.2d 970 (Utah 1993)
West Virginia	Bower v. Westinghouse Elec. Corp., 522 S.E.2d

John Gilbertson, AVX Corp.'s chief executive officer, said Thursday his company will not seek money from residents of a neighborhood where the manufacturer has contaminated groundwater with a toxic chemical.

This form of litigation is frequently filed by organizations or individuals to intimidate and silence critics or opponents by burdening them with the cost of a legal defense so that they abandon their criticism or opposition. The acronym was coined in the 1980s by University of Denver professors Penelope Canan and George W. Pring [

Our study confirms that these suits are a growing legal threat for concerned Americans who speak their minds on issues of importance to their communities, state, or nation:

• every citizen who takes a stand on a public concern;
• everyone who has ever been tempted to 'fight city hall';
• everyone who has ever worked in a political campaign;
• everyone who has ever felt like speaking up on a neighborhood issue;
• everyone who supports a cause;
• everyone who has ever stepped on powerful toes
• everyone who cares if "government by the people' works in America.

What not to do

One reaction to avoid when confronted with a citizen suit is filing a "strategic lawsuit against public participation." These SLAPP suits are legal actions that companies file against environmental groups or individuals that have no merit, and are instead filed to intimidate the plaintiffs into leaving the facility alone. If one of the plaintiffs happen to be a large national environmental group, such a lawsuit is not going to accomplish anything.

A long time ago, the national environmental groups adopted policies of never backing down to SLAPP suits. Even for small groups, their lawyers have likely been through the drill before and know that the only option is to continue to fight. In addition, the environmental community has considerable resources available to defend SLAPP suits and usually rallies around these situations. There is also the fact that SLAPP suits are an anti-democratic, bully tactic.

[T]he case [against IBM] already stands as a warning for communities and businesses elsewhere. During America's industrial heyday, TCE was a commonly used solvent for degreasing machinery. Only in recent years has the vaporous form of the chemical been recognized as a threat. It could be present in thousands of former industrial sites, where TCE vapors can pool under foundations and seep into basements.

The Environmental Protection Agency has concluded that such vapor pollution could be a problem in 852 of its Superfund cleanup sites. "We think this is a big issue that could affect communities' health," says Mary Mears, an EPA public outreach officer.

What dirt bags. If there was ever a case to bring back public shackles and rotten fruit style ridicule, it’s with the scum behind this lawsuit.

The electronics manufacturer filed a proposed amended complaint last week in federal court that would make those property owners subject to federal laws that require shared liability for environmental contamination.

That means property owners living near AVX could be forced to pay the manufacturer a prorated share of whatever amount AVX spends for "investigations, containment, removal or mitigation of the contamination at the properties," according to the proposed complaint.

That amount could be measured in the millions of dollars.

AVX also wants property owners to pay "interest at the maximum rate allowable by law" for any amount they might owe to the manufacturer.

A judge has not made a ruling on the proposed complaint.

Gene Connell, a lawyer representing property owners near AVX's headquarters at 801 17th Ave. S., said the proposal is an unconscionable scare tactic.

"It's audacious that AVX would try to blame its pollution on the poor people who've worked all their lives for their homes," Connell said. "These are innocent landowners."

[...]

AVX, in its proposed complaint, wants a federal judge to rule that contamination has not damaged any property near the manufacturer's headquarters because the TCE eventually can be removed from the groundwater.

[...]

AVX also wants a judge to rule that property owners are entitled to no compensation for any possible damage to their land or property values resulting from the contamination.

"As we explained to plaintiffs' lawyers before they filed this case, these suits have no basis in science or law, and IBM will defend itself vigorously," company spokesman Michael Maloney said in a statement.

The list of groundwater contaminants in a state of Michigan lawsuit against a Cadillac manufacturer can increase, Wexford County Circuit Court Judge Bill Fagerman ruled Wednesday.

Assistant attorney general Kathleen Cavanaugh sought an amendment to the Michigan Department of Environmental Quality’s complaint against AAR Manufacturing in Cadillac.

The lawsuit, which has been ongoing for years, attempts to comply AAR to investigate two releases of trichloroethylene, or TCE, from degreasing units.

The amended complaint includes a list of contaminants along with an obsolete gasoline additive, MTBE, and other petroleum products.

The complaint also sought to enforce investigation of any other chemicals that might be discovered between now and when the lawsuit is settled should the court rule in favor of the DEQ.

AAR attorney Joseph Kuiper argued it’s late in the game to add new complaints.

"It’s always been about TCE," Kuiper said.

Amend the Safe Water Drinking Act to protect the health of susceptible populations, including pregnant women, infants, and children, by requiring a health advisory, drinking water standard, and reference concentration for trichloroethylene vapor intrusion, and for other purposes.

As litigation from Lodi's groundwater contamination case comes to a close, cleanup has already begun.

News-Sentinel reporter Matt Brown recently discussed the status of the remaining litigation and the cleanup with City Attorney Stephen Schwabauer.

In 1989, officials discovered that the groundwater in some areas of Downtown was contaminated with the chemicals PCE and TCE, which are used as industrial solvents and in dry cleaning. The chemicals spread out to five different plumes in the city's groundwater.

In the mid-1990s, the city's outside attorney, Michael Donovan, crafted a plan to sue insurance companies of local businesses, including the News-Sentinel, for their role in the contamination. After a number of negative court rulings, the City Council in 2004 fired Donovan and City Attorney Randy Hays.

The city has since sued Donovan for fraud and malpractice, and Donovan has countersued, claiming the city owes him millions in legal fees.

The city has sought to settle out of court with the parties responsible for the contamination.

A jury will resume deliberations Monday in a criminal air pollution case that accuses Citgo Petroleum Corp. of knowingly breaking federal air quality laws at its Corpus Christi refinery.

Lawyers presented final arguments on Friday after a grueling and technical trial that began May 18. Jurors deliberated Friday afternoon, then went home for the weekend.

The case specifically involves allegations that open-air storage tanks at Citgo's East Plant refinery emitted illegal amounts of benzene, which research has linked to cancer. More broadly, however, the case tests criminal enforcement of the Clean Air Act.

Although other criminal indictments under the act have resulted in guilty pleas, the Citgo case is the first to go to trial alleging emissions violations, prosecutors said.

"The question is whether companies like Citgo, who blatantly violate the law over a period of time, will be held accountable," said Justice Department lawyer Howard Stewart, lead prosecutor in the case.

The Department of Environmental Protection has named a third responsible party in the contamination of the ground near drinking water sources in Lewis Run.

The Control Chief Corp. signed the agreement that it will pay a total of $110,000 to the state's Hazardous Sites Cleanup Act Fund that settles their liability in the contamination.

[...]

This is the third company the DEP has reached settlements with - the others are McCourt Label and Tronox, formerly known as Kerr-McGee.

[...]

From 1978 to 1998, Control Chief, which has its headquarters in Bradford, owned property in Lewis Run and operated an electronic equipment manufacturing facility.

When another company bought the property and an environmental assessment was conducted, chlorinated solvents typically used as degreasing agents were found in the soil and groundwater. The chemicals included tetrachloroethylene (PCE), trichloroethylene (TCE) and cis-1,2-dichloroethylene. The situation has resulted in the borough having to hook up to Bradford City water to supply its residents with safe drinking water.

Tarbell said the DEP is not actively pursuing additional responsible parties at this time.

• The Few, The Proud, The Forgotten
• THE STAND

A class-action lawsuit against Foster Wheeler Corp., stemming from a trichloroethylene contamination in Mountain Top groundwater, has been tentatively settled, according to legal notice advertisements running in the Citizens’ Voice this week.

The preliminary approved settlement requires the company to pay $1.64 million for administrative costs, attorneys’ fees and to class members, the legal notice says. More than 50 property owners could have been affected by the contamination, which was discovered in 2004.

TCE, which was used as a degreaser by the company at it’s Crestwood Industrial Park plant, has been linked to cancer as well as kidney, liver and nerve damage, according to various studies.

Homeowners in the contaminated area have fought for tax relief on their now contaminated property. The Luzerne County Board of Assessment Appeals recently gave the homeowners an abatement of a third of their property taxes through 2010.

Anyone living in the contaminated area in Wright Township from Aug. 1, 2004, to April 16, 2007 qualifies to receive part of the settlement.

Members of the class action suit did not want to comment on the case at this point. Their attorney could not return repeated phone calls to his Philadelphia-based office.

The terms of the settlement still have to be approved by the District Court at a hearing scheduled August 6.

For more information call the class action help line at 1-866-963-9976 or visit the Web site, www.martinfosterwheelerclassaction.com. The site has not worked the past two days, but should be functioning by the end of the week, administrators said.

Montreal Gazette (Quebec, Canada)
March 25, 2007

A Quebec Superior Court judge has allowed residents of Shannon to launch a class-action lawsuit against the Department of National Defence and SNC Tech over drinking water that was contaminated with trichloroethylene, or TCE.

Residents are seeking several hundred million dollars in damages for health problems they blame on the industrial solvent.

The residents charge that during the 1950s, Shannon's underground water table was contaminated with TCE used at the adjacent Canadian Forces Base Valcartier. Health Canada says TCE is a potential carcinogen.

Were there any class action lawsuits brought against the DOD around 1983-1986 for TCE poisioning at Hill AFB, Utah?

With the consent of the court, the state Department of Environmental Protection can now enter a Bayonne industrial property to check out suspected contaminants such as trichloroethylene, chloromethane, methylene chloride and acetone whose source is still a mystery to the DEP.

But DEP says it'll likely take until December before it's ready to tackle the job.

The DEP sought judicial help after it alleges it tried - since late last year - to get an OK from the owners of the 14-acre Duraport Realty site on East Second Street to get onto the property.

The two sides were due in court earlier this week, but the hearing was canceled after they reached an agreement to allow the DEP to inspect the site.

The state Department of Environmental Protection is taking a Bayonne property owner to court tomorrow to clean up the site of suspected contamination.

Deputy Attorney General Adam Phelps will ask state Superior Court Judge Thomas P. Olivieri, sitting in Jersey City, to give the DEP the green light to access a 14.5-acre site on East Second Street, between Hobart and Ingham avenues, owned by Duraport Realty One, Two and Three, LLC.

The property supports a bulk receiving and trans-shipment facility, according to a city official who asked not to be named.

The complaint, filed Aug. 21, alleges that the property owner's "unwillingness to give DEP and its contractor(s) access to the Duraport property is delaying DEP's performance of a site investigation, the completion of which is essential to remediating the contamination at and from the Duraport property."

Toxins found at the site and in surface water runoff in the Kill Van Kull, as listed in the complaint, include trichloroethylene (TCE), perchloroethylene (PCE), vinyl chloride, arsenic and thallium, all in amounts that exceed DEP's cleanup criteria.

DEP's Ed Putnam, assistant director of remedial response, said yesterday that under a 1998 agreement the property owner had agreed to do a remedial investigation, but he said, DEP terminated that agreement last November after the owner failed to live up to the agreement.

Putnam said the Duraport land is adjacent to the old Standard Tank parcel, where contaminants have also been found in the groundwater, and "we've always been back and forth as to where (the toxins) were coming from." Even now, Putnam conceded, "we don't know the source."

A Hamilton County Circuit Court jury has returned a $5 million verdict for a former CSX Railroad employee.

The jury in the courtroom of Judge Jackie Schulten deliberated two and a half hours before bringing in the verdict in favor of Thurston Hensley, 67.

The jury found that Mr. Hensley had contracted both asbestosis and toxic encephalopathy through his work for 33 years as an electrician at the railroad yards at Corbin, Ky.

It was claimed that he had to handle both as