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JURY AWARDS SIGNIFICANT DAMAGES VERDICT FOR MTBE CONTAMINATION In October 2009, a federal court jury found ExxonMobil Corp. ("Exxon") liable for $104.7 million in compensatory damages to plaintiff New York City for polluting city drinking water wells with the gasoline additive methyl tertiary butyl ether ("MTBE"). Exxon's decision not to settle with the city left it the lone company (of among more than 20) to go to trial. The jury concluded that Exxon was liable for spilling gasoline from six service stations in Queens Borough and as a supplier for failing to adequately warn of the dangers posed by the product. Exxon defended the claims arguing that its service stations were not the source of MTBE contamination of drinking water and that the concentration of MTBE was too low to constitute a "legally cognizable injury." These defenses were rejected by the Court and the jury. The jury award did not include punitive damages but the award was based on Exxon's portion of the $250 million projected cost to construct and operate a water treatment system for the City. The jury also factored in preexisting conditions and responsibility of other entities in determining its award. Despite not being assigned 100 percent of the costs, this award may influence defendants in other similar pending and anticipated cases in federal courts to settle their claims, rather than risk such significant awards. (by Lynn Rosner Rauch, Manko, Gold, Katcher & Fox, Client Alert - 12/09)
CAULKING IN SCHOOLS MAY CONTAIN PCBS Buildings, particularly ones constructed of masonry, that were built or renovated during the 1960s or 1970s may contain caulking with high amounts of PCBs. PCBs were a component in caulking used to seal joints between masonry units and around windows. The use of PCBs in caulking stopped in the late 1970s. PCBs have significant health effects including effects on the immune system, the reproductive system, the nervous system, the endocrine system and possibly cancer. PCB-containing caulking has the potential to cause contamination of air and dust and, in at least one case, has required special building cleanup. A survey of PCB content in caulking was recently conducted in the Boston area. The sampled buildings included schools, churches, museums and office buildings. Eight of the 25 samples collected had PCBs in excess of 50 ppm, the amount the United States Environmental Protection Agency uses to classify the material as PCB waste. A number of studies have indicated that PCB-containing caulking may result in exposures to building occupants and workers who maintain the material. One study in a German school found teachers with moderate elevations of PCB levels in their blood apparently related to PCBs in caulking. It is recommended that caulking in buildings be sampled for PCBs if PCB-containing caulking is likely. If PCBs are present, special management programs should be implemented to ensure students, maintenance workers, teachers and other building occupants are protected. Building renovations to repair or replace PCB-containing caulking require special control methods. Source: Herrick, R., McClean, M., Meeker, J., Baster, L. and Weymouth, G. (2004). An unrecognized source of PCB contamination in schools and other buildings. Environmental Health Perspectives 112(10), 1051-1053. On September 25, 2009, EPA announced new guidance for school administrators and building managers with important information about managing PCBs in caulk and tools to help minimize possible exposure. Go to: www.epa.gov/pcbincaulk/ for more information. For more information on this topic, call RT’s Dominic Marino at 856-467-2276
EPA STUDY FINDS TOXINS IN FISH WIDESPREAD Nearly half of lakes and reservoirs nationwide contain fish with potentially harmful levels of the toxic metal mercury, according to a federal study released in November. The Environmental Protection Agency found mercury- a pollutant primarily released from coal-fired power plants- and polychlorinated biphenyls in all fish samples it collected from 500 lakes and reservoirs from 2000-2003. At 49 percent of those lakes and reservoirs, mercury concentrations exceeded levels that the EPA says are safe for people eating average amounts of fish. Mercury consumed by eating fish can damage the nervous system and cause learning disabilities in developing fetuses and young children. Fewer lakes and reservoirs- 17 percent- had fish containing polychlorinated biphenyls, or PCBs, above recommended levels. PCBs were widely used as coolants and lubricants until they were banned in the late 1970s, but because they last in the environment for long periods of time, they can still be found in fish. PCBs have been linked to cancer and other health effects. The study is the latest to highlight how widespread mercury pollution has become. In August, the U.S. Geological Survey released a study of fish contamination based on a survey of 300 streams nationwide. That research found mercury in all fish sampled, but only about a quarter of the fish had mercury levels exceeding EPA levels. (AP/Gloucester County Times- 11/11/09)
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