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25 janvier, 2008 16:51
Appeals court says Dow lawsuit should be class action
Chemical company is accused of polluting property
January 25, 2008
By TINA LAM
FREE PRESS STAFF WRITER
A lawsuit against Dow Chemical by what could end up being as many as 2,000 plaintiffs should become a class action, the Michigan Court of Appeals said in a decision released Friday.
Those who sued the chemical giant say dioxin from Dow’s Midland plant got into the Tittabawassee River and has contaminated their properties, dropping house values and making the homes difficult to sell. The lawsuit seeks to cover anyone who lives in the 100-year floodplain, although the Appeals Court said if testing shows there is little or no dioxin on a property, the homeowner shouldn’t be included.
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The case has dragged on in the courts since it was first filed in March 2003. "This appeal took almost 2 ½ years," said Kathy Henry, one of the plaintiffs named in the lawsuit. "We’re glad about the appeals court ruling, but it’s been cruel to make residents wait this long."
A spokesman for Dow could not be reached. Dow has contended that a University of Michigan study the company funded shows residents don’t have elevated levels of dioxin in their blood from contaminated soil.
Since the lawsuit was filed, hot spots of dioxin have also been found in the Saginaw River. An earlier ruling in the case dismissed the residents’ demand to make Dow pay for medical monitoring for potential health problems. The Department of Environmental Quality and Environmental Protection Agency are forcing Dow to clean up the rivers, although a final plan has yet to be worked out.
The EPA walked away from negotiations on a cleanup plan with Dow, saying the company’s plan was not enough.
