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--- Barbara Herskovitz <bherk@...> wrote:

>

> January 27, 2002

>

> PCB Pollution Suits Have Day in Court in Alabama

> By KEVIN SACK

> NNISTON, Ala., Jan. 25 — These days, Edgar C.

> Stroud grows his collard greens in five-gallon

> buckets filled with soil bought from Wal- Mart.

> He has done so ever since the man from the

> Environmental Protection Agency tested the dirt in

> his garden two years ago.

> " `Do you eat stuff out of this garden?' " Mr.

> Stroud said the man asked, somewhat ominously.

> " Yes, " Mr. Stroud answered.

> " `Well, I wouldn't,' " Mr. Stroud said the man

> advised.

> As is the case across west Anniston, Mr. Stroud's

> garden is laced with high levels of polychlorinated

> biphenyls, or PCB's, presumably from the plant three

> blocks away where the Monsanto Company produced the

> suspected carcinogen for nearly four decades.

> During those years, St. Louis- based Monsanto

> flushed tens of thousands of pounds of PCB's and

> other toxic wastes into Snow Creek each year,

> sending the chemicals meandering through

> long-established neighborhoods and into Choccolocco

> Creek. More than 45 tons of PCB's, a highly

> efficient industrial insulator, were discharged in

> 1969 alone, according to company documents. Monsanto

> also deposited millions of pounds of PCB's in a

> hillside landfill just above the plant.

> Thirty miles away, in Gadsden, Ala., a jury is

> hearing a lawsuit filed by Mr. Stroud and more than

> 3,500 other plaintiffs who contend that Monsanto and

> its chemical division, Solutia Inc., should

> compensate them for reduced property values,

> emotional distress and, in some cases, health

> problems related to the PCB contamination.

> It is one of at least four major Anniston-related

> lawsuits against Monsanto and Solutia that have been

> filed by a total of 25,000 plaintiffs. Two of the

> cases have already been settled, for a combined $80

> million.

> Because of the difficulty of seating an unbiased

> jury in Anniston, Judge Laird Jr. of state

> Circuit Court moved the trial to Gadsden.

> In the first two weeks of testimony, the plaintiffs'

> lawyers have established through Monsanto

> memorandums that the company was aware of the level

> of its discharges and that it at least partly

> understood the risks as early as the mid-1960's, if

> not earlier. But it did not begin improving

> pollution controls until 1970, a year before it

> stopped making PCB's in Anniston. The company

> continued to produce PCB's elsewhere until 1977, two

> years before the federal government banned them.

> A witness for the plaintiffs testified on Thursday

> that PCB levels in the blood of many plaintiffs was

> elevated. The 16 plaintiffs in the first phase of

> the trial had average PCB levels of 46 parts per

> billion, 27 times the national norm, said Dr. Ian

> Nisbet, a Massachusetts toxicologist and a

> consultant for the plaintiffs.

> " This is by far the most contaminated community —

> as indicated by the levels in their blood — that

> I've ever encountered, " Dr. Nisbet said.

> Because science remains murky on the health effects

> of PCB's on humans, those plaintiffs who maintain

> they have been personally injured by Monsanto may

> have difficulty proving their cases. But Anniston is

> rife with anecdotes about high and persistent cancer

> rates, particularly about children who developed

> tumors after frolicking in and around Snow Creek.

> B. Baker, the president of Community Against

> Pollution, a local health and environmental group,

> said that his brother died at 17 of brain and lung

> cancer after growing up near the Monsanto plant.

> " It seems like everybody in these neighborhoods has

> cancer, " said Mr. Baker, while driving through

> streets where contaminated houses have been bought

> and leveled by Monsanto and replaced by chain-link

> fences bearing " Danger " signs.

> The trial, he said, has given the community hope.

> To illustrate the health risks of PCB's, lawyers for

> the plaintiffs have relied on Monsanto's own

> memorandums, many of them marked " Confidential —

> Read and Destroy. "

> A 1966 letter by a Mississippi State University

> scientist who was hired by the company to test creek

> water disclosed that 25 fish, when submerged in Snow

> Creek, " lost equilibrium and turned on their sides

> in 10 seconds and all were dead in three and a half

> minutes. "

> A 1970 report revealed that a blacktail shiner

> caught in Choccolocco Creek was found to have 37,000

> parts per million of PCB's in its fat, making it

> " the most contaminated fish I've ever heard of in

> the wild, " Dr. Nisbet said.

> Lawyers for Monsanto and Solutia said they could not

> discuss the case because of an order imposed by

> Judge Laird. But in the past, they have maintained

> that the companies acted fairly in dealing with the

> city, that they spent more than $40 million on

> environmental testing and cleanup and that PCB

> contamination cannot be definitively linked to

> long-term health problems.

> " We would all rather live in a pristine world, " said

> Jere White, a lawyer for Monsanto and Solutia, in

> his opening argument two weeks ago. " We are all

> going to be exposed to things on a daily basis. Our

> bodies can deal with it. "

> For decades, many in Anniston had no idea that their

> neighborhoods were polluted or that their health

> could be at risk. But now, thanks to the lawsuits,

> the intervention of the federal government and the

> work of community groups, this city of almost 25,000

> people seems to be defined by its environmental

> burdens.

> In addition to the PCB problem, there are new

> concerns about mercury releases from the Monsanto

> plant and the Army's plans to incinerate toxic gases

> at its depot here.

> " We're infamous, " Mayor Hoyt W. Howell Jr. said.

> " The accumulation of the issues of the past have all

> come to a head at one time, and that's hard to

> handle. "

> Mr. Howell said it was hard to pinpoint the effect

> of Anniston's environmental problems on economic

> development efforts, but said it was clearly one

> factor that has stymied the city. " We're between

> Atlanta and Birmingham on I-20, " he noted, " and the

> prosperity of the 1990's was barely felt here. "

>

__________________________________________________

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Nan....

> Please take me off your e mail. Thanks. Good luck to all.

> Can e still get monthly newsletter?

You have to go to groups and take yourself off, sadly. We can't

do

it. Go to:

/

Or you can send an email to:

-unsubscribe

And write unsubscribe in the body of the mail.

We'll miss you, hope everything's okay with you.

Sue

PS--I don't know about the newsletter.

--

" She was not quite what you would call refined.

She was not quite what you would call unrefined.

She was the kind of person that keeps a parrot. "

-- Mark Twain

Rich and Sue Owens

http://www.geocities.com/Yosemite/Meadows/7457/index3.html

http://www.nothnbut.net/~reo77/aurora.html

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