Lone Tree Council and TRW

DIOXIN UPDATE # 137

January 29, 2009

www.trwnews.net

 

Press Release: Release the Dioxin Reassessment  

 

This week over 100 groups, including Lone Tree Council and TRW,  across the nation called on the Obama administration to release the Dioxin Reassessment. Our friends at CHEJ initiated the letter.

 

It’s been almost 25 years since the EPA issued their first report on dioxin. The report awaiting release all these years is the Dioxin Reassessment.  Since that first report the chemical industry has labored and lobbied against its release demanding the EPA define a “threshold” below which dioxin is not toxic. But in 1991 and 1994 EPA fortified their position on dioxin stating there was 1. No threshold, which was safe 2. The chemical acts like a hormone disrupting human systems 3. Background exposures could cause adverse effects. In 2000 EPA said the risks of getting cancer were 10 times higher than previously thought.

On her visit to Saginaw, EPA’s dioxin expert Dr.Linda Birnbuam told the audience the following:

 

  • Dioxin affects multiple organ systems
  • The embryo/fetus may be especially susceptible
  • Dioxins result in a plethora of non-cancer effects
  • Dioxins are human carcinogens

Of course Dow will debate the toxicity and effects of dioxin because it is in their financial interest to do so. Given the extensive studies on dioxin Dow's position is hardly a principled position. Responsible Care and the Human Element are public relations campaigns for the company-- these monikers  have no footing in reality. To suggest as Dow has, that there is no problem with this extensive contamination is anything but principled. It is not OK for people to be exposed to dioxin by living on contaminated property, inhaling contaminated dust, eating contaminated fish or just being a kid playing in the yard. It is not OK for a developing baby to be exposed to dioxin while being carried in their mother's body or nursing at her breast---

 

Is Dow Chemical capable of doing great things? You bet. They have the smarts, the talent and the expertise--they lack vision and a commitment to the hard work of doing good. You are not excused from doing the right things in life because of power, profit, access or greed.

 

No doubt Dow will continue to lobby against the release of the Dioxin Reassessment while telling this community it's ok to live with the company's dioxin waste running through the heart of the watershed.   

 

January 27th 2009

Environmental Groups to Obama: Release Dioxin Report After Twenty Years of Delays

 

Over 100 Environmental Health Groups Fight Bush’s Eleventh Hour Gift to the Chemical Industry

Falls Church, VA – Today over 100 environmental health, environmental justice, health-affected, and labor groups called on President Barack Obama to release the EPA’s report on dioxins, one of the most toxic chemicals on earth.  In a letter to President Obama, groups decried President Bush’s last minute gift to the chemical industry by calling for another review of the science, which will only lead to paralysis as the EPA finds its hands too tied to issue urgently needed regulations of dioxin emissions and cleanups. 

 

The Press Release

http://www.chej.org/newsreleases/Press_Release_Dioxins_1_16.htm

 

For more information on the history of delays of this report, please visit:

http://besafenet.com/campaigns/dioxin_history.shtml

 

The letter to President Obama

http://www.chej.org/documents/Dioxin_Letter_To_Obama.pdf

 

 

 

Henry et al vs. Dow

In a surprising change of pace, plaintiffs were notified today that the Michigan Supreme Court will hear oral arguments in March.  It has been 2 days since the residents brief was filed for Dow Chemical's appeal on class certification for Dow's dioxin contamination of the Tittabawassee River and floodplain.  The original complaint was filed in March of 2003. 

 

Case #136298 in the appeals court.

 

The notice said the hearing would be on the March 2-3 docket, specific day and time to be announced February 10.

 

Chronology of events of Henry V Dow ( by Kathy Henry)

 

March 25 2003 class action lawsuit filed in Saginaw Circuit Court

 

August 20 2003  Saginaw judge allows medical monitoring to proceed

 

October 3 2003  Dow files emergency appeal to court of appeals to stay case while reconsidering medical monitoring

 

October 29 2003    Court of appeals refuses to hear Dow medical monitoring appeal

 

December 11 2003   Dow files appeal to Michigan Supreme Court to appeal medical monitoring

 

June 4 2004   Michigan Supreme court agrees to hear Dow appeal on medical monitoring, stays property damages/damages claim until medical monitoring is resolved

 

October 6 2004   Oral arguments heard in Supreme Court over medical monitoring

 

July 13 2005   Supreme Court rules in favor of Dow, denying medical monitoring

 

September 15 2005   Class certification hearing in Saginaw Circuit court

 

October 21 2005   Judge Borrello certifies class action lawsuit for property damages/damages

 

December 7 2005   Michigan court of appeals agrees to hear Dow's appeal of class certification, stays all proceedings until an answer is rendered

 

March 21 2007   Michigan court of appeals announces it will hear Dows appeal on May 7 2007

 

January 25 2008  Court of appeals grants plaintiffs motion for class action status

 

April 30 2008   Dow appeals to Michigan Supreme court to reconsider class action certification in court of appeals and circuit court

 

November 5 2008  One day after the elections  the Michigan Supreme Court agrees to hear Dow appeal to deny class action status for Tittabawassee River residents

 

 

The Superfund Alternative Site Process

 

Unfortunately nothing to report because the talks are private between the government and the polluter.  

 

Regards,

 

Michelle Hurd Riddick

Lone Tree Council


Source: Lone Tree Council / TRW

For additional articles like this one, go to the Tittabawassee River Watch web site www.trwnews.net. for complete coverage of the Tittabawassee River Dow Chemical dioxin contamination saga.. The source organization's web site link is listed above. The Newspaper / Media page of our site contains an extensive archive of media articles dating back to January 2002. The Newspaper / Media page may be accessed by scrolling down to the bottom of the CONTENTS section and clicking on the Newspaper/Media link.