Environmental | Major Injury Law Blog

Michigan Files DuPont PFAS Lawsuit

Environmental, Negligence Comments Off

Mar 152020

Dark Waters Movie

The Michigan Attorney General Dana Nessel has filed a lawsuit at Washtenaw County Circuit Court. This lawsuit has been put up against 17 defendants, including 3M and DuPont, for damages and injury that has been inflicted on the State of Michigan. The main reason for this comes from the contamination from toxic polyfluoroalkyl substances. These are known as “forever chemicals” and are typically abbreviated as PFAS. If you’ve seen the movie Dark Waters then you’re already aware of some of the history of this in other states.

The lawsuit is the first major action to be taken by the state against companies that are in the business of manufacturing PFAS. Michigan has been one of the most aggressive states in fighting back against PFAS contamination. This has become a widespread issue, and this lawsuit appears to be the first key steps to fighting back against this pollution.

The lawsuit claims that all defendants had deliberately concealed the danger of PFAS, even going as far to withhold key scientific evidence. They also allege that the defendants knowingly sold, released, transported, and supplied, handled, and used PFAS and PFAS-like materials in Michigan. It goes on to state that the defendants not only done this, but they knew the risks of doing so and the potential for putting Michigan residents in the way of harm.

You can find a full copy of the lawsuit here: https://www.michigan.gov/documents/ag/Complaint_2020-01-14_final_678329_7.pdf. You can read the entire statement from the State of Michigan, and to work out why they have made such an aggressive push to do something about this.

The most crucial part of the statement, though, is to do with the impact of PFAS and its impact on human life. Part of the statement reads: “Exposure to PFAS is correlated with several harmful and serious health effects including but not limited to: Decreased fertility; pregnancy induced hypertension and/or preeclampsia; liver damage; thyroid disease; problems with cholesterol levels; immune system problems; and increased likelihood of cancer, especially kidney and testicular cancers.”

The case will continue, and we will provide updates as and when it is possible.

Citation

https://cedarspringspost.com/2020/01/17/michigan-files-lawsuit-against-3m-dupont-and-others-for-pfas-contamination/

BP Oil Spill and Personal Injury Claims

Environmental, Negligence Comments Off

Jun 172010

The BP oil spill in the Gulf Coast region has been acknowledged as the largest environmental catastrophe in U. S. history. The Federal government has just forced BP in setting aside a $20 billion escrow fund (which is not a cap they say) in order to pay for claims arising from the oil disaster.

BP has also set aside a $100 million fund for its own workers who are unemployed because of this disaster. Meanwhile it is reported by CNN that BP workers (and out of work fishermen now working for BP) have been told not to wear protective gear in the cleanup effort.

This leads to a whole host of questions about legal issues that will be arising out of this BP oil spill disaster. The first and foremost is will the company survive this or will they go under? BP has said they will not offer a dividend to shareholders throughout 2010.

Since this is an environmental disaster, what kind of personal injury claims might go to court because of this? First, and foremost may be wrongful death cases of the 11 workers killed in the explosion on the platform.

Second, health issues from the workers who were told not to wear protective gear when cleaning up the oil spill may suffer medical consequences, injuries and bills because of this action on BP’s part.

Third, the citizens living around the Gulf Coast may suffer illnesses related to the oil spill including the dispersants used by BP to try to contain the oil at sea. The claims are just beginning and litigation on these cases, either individually or class action will continue for years.

IBM Toxic Plume Lawsuit Filed

Environmental, Wrongful Death Comments Off

Jan 032008

Approximately 90 New York residents have filed a toxic tort lawsuit against IBM that they say caused birth defects in infants and cancer in adults. The lawsuit claims a toxic plume of chemicals including trichloroethylene was released from an IBM plant into the soil, groundwater and air.

According to the seven law firms representing the clients, the toxic chemicals caused personal injury and wrongful death to family of the plaintiffs. One of the law firms included in the case is Masry & Vititoe made famous by the movie “Erin Brockovich.”

American Electric Power of Ohio Settles $4.6 Billion Lawsuit

Environmental Comments Off

Oct 112007

Coal-fired power plant American Electric Power of Ohio has settled a $4.6 billion lawsuit for polluting eight different states. The U. S. government calls this the largest environmental settlement on record.

The company has been held accountable for creating smog and acid rain that had lead to a number of respiratory ailments and even the disruption of aquatic life. As part of the settlement, American Electric Power has agreed to pay $60 million in cleanup costs, a $15 million fine and cut emissions by 2/3 over the next 10 years.

First Canadian Global Warming Lawsuit Launched

Environmental Comments Off

May 292007

Friends of the Earth Canada, a non-profit environmental organization has filed the first global warming lawsuit against the Government of Canada. The environmental and toxic tort lawsuit was filed in Federal Court by Sierra Legal alleging that the government abandoned its commitment to cut greenhouse gases to the levels in line with the Kyoto Protocol.

The Canadian government ratified the Kyoto Treaty in 2002 and then in April 2007, turned turncoat with its “Turning the Corner” climate strategy that would leave the country and its citizens off-target by 39-percent in 2012. According to the lawsuit, this would also mean the targets for cutting greenhouse gases would not be achieved by 2020 or 2025 as well.

The lawsuit is asking the Canadian government to reinstate policies to cut global warming by reducing greenhouse gases to 6-percent below the 1990 levels as ratified in the Kyoto Protocol.