“Stepping into an issue that has alarmed homeowners and led to hundreds of lawsuits and billions of dollars in insurance payments, a government panel of experts reported yesterday that toxic mold in homes did not appear to pose a serious health threat to most people.” A panel of epidemiologists, toxicologists and pediatricians convened by the Institute of Medicine, an arm of the National Academy of Sciences, surveyed existing scientific literature on the subject. “Though the experts said mold and indoor dampness were associated with respiratory problems and symptoms of asthma in certain susceptible people, they found no evidence of a link between mold and conditions like brain or neurological damage, reproductive problems and cancer.” (Anahad O’Connor, New York Times, May 26). For more on mold litigation, see Dec. 4 and earlier posts; “The Growing Hazard of Mold Litigation”, U.S. Chamber of Commerce and Manhattan Institute Center for Legal Policy, Jul. 17, 2003 (paper in PDF format/press release). More: press release, video briefing and report links from National Academies.
Posts Tagged ‘environment’
Oyster update
A $1.3 billion award to oyster farmers — exceeding the value of the last century of oyster harvests — was argued before a skeptical Louisiana Supreme Court Monday. We covered the case in detail Oct. 18. (Jeffrey Meitrodt, “$1.3 billion oyster case hits La. high court”, New Orleans Times-Picayune, May 25; AP, May 25). Update Oct. 24: La. Supreme Court throws out cases.
In other oyster-related litigation news, a Korean legal immigrant is fighting a denial of his citizenship application; the federal government said that the $153 fine Kichul Lee admittedly paid for collecting a bucket of oysters at a beach proved lack of good moral character. The Washington State Department of Fish and Wildlife officer who issued the ticket is appalled at the heavy consequences. (Chris McGann, “One mistake robs man of citizenship”, Seattle Post-Intelligencer, May 10; Susan Paynter, “Moral flaw? Uncle Sam, look in the mirror”, Seattle Post-Intelligencer, May 19).
Update: more on Lodi mess
Another look at the “man-made legal disaster” (see Jan. 12, Jan. 17) suffered by the taxpayers of Lodi, California after the collapse of a would-be innovative scheme “to force Lodi businesses and their insurance companies to pay to clean up the city’s pollution while immunizing the city from any liability”. The city borrowed $16 million from Lehman Brothers at 25 percent interest to foot the bills of lawyers like the “manipulative” and “astoundingly greedy” Michael Donovan, who concocted the scheme with an assist from Lehman. (Ken Garcia, “Lawyer shows time wounds all heels”, San Francisco Chronicle, Apr. 26).
Unlawful to test for mad cow
A story already widely discussed on weblogs, but too crazy to let drop: Japan will not allow beef imports from the U.S. unless each animal is tested for mad cow, and Kentucky cattleman John Stewart of Creekstone Farm would be happy to oblige in order to sell his products there. The U.S. Department of Agriculture, however, supported by most of the beef industry, has ruled that he may not: the department does not intend to set up a testing program itself, and private testing is unlawful. “They’ve told us if we attempt to buy those test kits and use them, they are going to put me in jail,” Stewart said. (David Kerley, “Mad Cow, Madder Cattleman”, ABCNews.com, May 2 (aired on Apr. 18))
Oz: a sued gardener’s plight
Even the loser-pays principle wasn’t enough to shield 78-year-old backyard gardener Vincenzo Tavernese of Hornsby, New South Wales, from a far-fetched claim by litigious neighbors claiming injury from the pesticides he used. “The growing popularity of no-win, no-fee law [in Australia] has led to an increase in litigation with little downside for the losing plaintiff. It has been a major driver of the liability crisis.” (Miranda Devine, “Don’t blame me, I’m just the lawyer” (opinion), Sydney Morning Herald, Mar. 4). The article drew responses in the form of letters that appeared in the SMH (one of which asserts that defendant Tavernese had the right to seek a costs security order in the litigation requiring the plaintiffs to show an ability to pay his fees if unsuccessful); a response by Ian Harrison SC defending contingency fees; and a discussion on the Slattsnews blog.
The sewers and the sued
Various towns and small cities in Eastern Washington have spent small fortunes upgrading their sewage systems as required by law, and the state Department of Ecology says it’s satisfied with their progress toward compliance. But a private Seattle-based group that calls itself Waste Action Project is suing the towns anyway, holding large potential financial penalties over their heads. For example, citing the remedy provisions of the federal Clean Water Act, it’s demanding $27,500 a day in fines, going back over 16 years, against the Lincoln County town of Wilbur, population 880, which has already spent millions on improvements in an attempt to bring itself into compliance with the Act. “The law also allows Waste Action to collect attorney fees if it proves violations that were reported by the defendants. The cities are required to report violations to the Department of Ecology and the lawsuits are based on the defendants’ own admissions.” Wilbur Mayor Don Reid is less than charitable about the motives of the environmental group, which has filed at least 40 enforcement actions around the state: “The purpose of their action is to put some money in their pocket, but they’re trying to hide that,” he charged. Seattle attorney and Waste Action co-founder Richard Smith calls that accusation “ridiculous”: “I am a competent lawyer,” he said. “I can make a hell of a lot of money doing other things than this.” (John Craig, “Sewage suits rile East Side towns”, Spokane Spokesman-Review, Apr. 5)(Mar. 3 council meeting minutes, town of Wilbur)(PDF). See also Jul. 23, 2001 (first item).
Kerry: no to reparations, yes to “environmental justice”
Giving him due credit: “John Kerry yesterday told students at Howard University that he doesn’t support financial reparations for blacks, saying it would only divide the nation and ‘not heal the wounds.’ … His answer received marked applause from the audience in the reading room of the historically black university’s Armour J. Blackburn Center in Northwest.”
On the other hand: the presumptive Democratic presidential nominee “also committed to the creation of a post for an assistant attorney general for environmental justice” and opined “that nearly 25 percent of children in Harlem have asthma partly because ‘all of the trucks’ traveling through New York City are routed through the neighborhood,” a sentiment open to doubt not only because of the high share of trucks that use other routes into and out of the city, but also because truck emissions, like air pollution generally, have sharply declined over the same decades in which urban childhood asthma rates have increased. (Brian DeBose, “Kerry opposes slavery reparations”, Washington Times, Apr. 16).
Anniston lawyers’ fees
Plaintiff’s lawyers cut a $300 million deal with Monsanto spinoff Solutia to resolve a long-running toxic-tort case in Anniston, Alabama. Under the agreement approved by the court, 27 lawyers are going to split $120 million, with $29 million going to Johnnie Cochran’s firm (Aug. 29 and links from there; much more) and $34 million to Jere Beasley’s Montgomery-based law firm (Dec. 1, 2003; Nov. 16, 1999). “Once the lawyers and other expenses are paid, the awards for each of the Anniston plaintiffs will average $7,725, though some will receive more if their health damages are shown to be greater.” Locals are furious. (“PCB Case Payouts Roil Alabama City”, AP/Washington Post, Mar. 24; Jessica Centers, “PCBs plaintiffs demand answers”, Anniston Star/MSNBC, Mar. 24; Ellen Barry, “Lawyers’ fees eat up much of settlement over toxic chemicals”, Los Angeles Times/Seattle Times, Apr. 14). More: Dr. Elizabeth Whelan of the American Council on Science and Health is dubious about the science underlying the Anniston claims (“The case of the mute scientists”, Washington Times, Feb. 27, 2003, reprinted at ACSH site). Update Dec. 6: Forbes covers aftermath; overall settlement reported at $600 million with lawyers taking $234 million.
“The Erin Brockovich Effect”
Parachuting in without actually touching toe? This time it’s a toxic-tort case in central Florida: “She has never set foot in Hillsborough County’s rural Plant City, but her name alone is influencing news coverage, attracting clients and conferring credibility to illness reports.” The suit alleges that Coronet Industries’ phosphate plant is responsible for a wide range of ills, including those of the lead claimant’s 3-year-old son, who suffers from autism and language disorders. (Ron Matus, “The Erin Brockovich effect: influence, inference”, St. Petersburg Times, Apr. 11). For much more on Brockovich, see Mar. 16, Jan. 3 and links from there, and our Oct. 2000 treatment.
“What the World Needs Now Is DDT”
“[W]hat really merits outrage about DDT today” is its underuse, as millions die annually of malaria for lack of the reviled pesticide, writes New York Times editorialist Tina Rosenberg. Commentators such as ABC’s John Stossel got to the story first (see CEI, Todd Seavey), but the Times may be more effective at reaching those who can do something about the state of the law (New York Times Magazine, Apr. 11).