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TRW Archives 2005 4th quarter 10/01/05 - 12/31/05

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12/27/05 Governor Granholm veto's Polluter Free Ride bill HB4617

Governor Granholm Veto's HB 4617  today
                Click here to read the Governor's statement on the veto.
Kudos to the Governor for defending public health and Michigan's natural resources.
Please call her and thank her for protecting our most treasured resources and our  Great Lakes
This veto is one of the most important things the Governor can do to protect the Great Lakes for future generation. She is to be commended for standing up to the legislators who would systematically derail piece by piece the very legislation that has made this state a national leader in environmental stewardship.
You can reach the Governor  

Lone Tree Council /  TRW

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Detroit Free Press supports veto of Polluter Free Ride bill HB4617

Click here for today's editorial

bullet"ill-conceived bill that would effectively cripple state efforts to respond to pollution problems."
bullet"she should not sign it, and anyone who professes to care about the environment in this state cannot seriously want her to."
bullet"Calling it the "Homeowner Fairness Act" is doubly misleading "
bullet"Moolenaar's bill is an overreaction"
bullet"test for pollution in every individual parcel of a contaminated area and allow the suspected polluter to contest the findings, case by case"
bullet"From a scientific standpoint, such testing also is unnecessary"
bullet"The cost of such testing would be enormous, draining money much better spent on cleanup plans, as would the delays in fixing pollution problems that really do affect property values."

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Over 100,000 people support veto of  Polluter Free Ride bill HB4617

Press Release issued by 22 groups representing over 100,000 people from around the state

bullet Upper Peninsula Environmental Coalition
bullet Clean Water Action
bullet Sierra Club
bullet Michigan Interfaith Power & Light
bullet Michigan League of Conservation Voters
bullet PIRGIM
bullet Ecology Center
bullet Michigan Environmental Council
bullet Great Lakes Bioregional Land Conservancy
bullet Michigan Citizens for Water Conservation
bullet Citizens for Alternatives to Chemical Contamination
bullet Friends of the Detroit River
bullet Lone Tree Council
bullet HEAT - Hamtramck Environmental Action Team
bullet Michigan League of Conservation Voters
bullet MCATS Michigan Citizens Against Toxic Substances
bullet Arab Community Center for Economic and Social Services (ACCESS)
bullet Michigan Coalition on the Environment and Jewish Life (MI-COEJL)
bullet Kalamazoo Environmental Council

UAW Region 1A Local 898 Toxic Waste Squad




Detroiters Working for Environmental Justice

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Governor Granholm to veto Polluter Free Ride bill HB4617?

Local news  quotes Governor Granholm stating she will veto HB4617:

"This bill is not acceptable," she said. "They've got to go back to the drawing board. It doesn't achieve the balance we need for protecting the health of citizens and creating cost-efficient cleanup."

To Governor Granholm:

On behalf of the hundreds of residents represented by the Tittabawassee River Watch (TRW) we want to thank you and encourage you to stay the course on your plans to veto HB 4617 ( S3). Our concern is not with the “facility” designation. Our concern rests with dioxin contamination along the river which caused us to be facility. It is the dioxin that is a problem.

Efforts to detract from the real issue of contamination as well as efforts to malign the DEQ serve the political agenda of Dow Chemical and the City of Midland who have shown little regard for public health or the natural resources of the watershed we all call home.

Our properties will be made whole and the value restored to property and quality of life only if we move forward with cleanup on this contamination. HB 4617 will create confusion and delays.

Yes, we do care about our property values and homeowner fairness. Our properties are impacted by the presence of the dioxin, as is our daily perspective on living in homes and yards surrounded by contamination. There is nothing fair about Dow’s chemical trespass onto our yards.

Again, on behalf of the Tittabawassee River Watch let us extend our appreciation to you for your veto of this legislation.


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Fair and balanced reporting?

Other than for the headline, today's local news coverage of Granholms possible veto of HB4617, the story is entirely one sided with no input from the homeowners and the rest of the state that want the bill vetoed.   Recently (12/8, see story below), the local newspaper published an article about toxins in the Great Lakes and edited out a key paragraph about the human health effects of dioxin and other compounds.  This pattern was repeated on a local radio station which aired two interviews this morning.  The first segment was with an individual from Midland representing those few which favor Dow Chemical, the second was with Lone Tree Councils Terry Miller, representing the rest of us. The radio host was all warm and gushy with the Dow guy and virtually attacked Terry.  Click on the links below to listen to the Lone Tree radio broadcasts:

bulletTerry Miller, Lone Tree Council
bulletMichelle Hurd Riddick, Lone Tree Council

The Midland/Dow group started running their radio spots yesterday and plan on running full page ads in the Saginaw and Lansing papers promoting the Polluter Free Ride bill.   The Lone Tree Council paid for  two expensive radio ads that ran this week against H4617.  Who is bankrolling the Midland Matters group for it's ads?  Dow?  Chamber of Commerce? Why does a tiny group of  individuals in Midland want to weaken our Michigan's environmental cleanup laws?  It's pretty obvious someone is calling in all it's favors and orchestrating the PR blitz.    Maybe the news media ought to try a little investigative reporting.

Governor Granholm:  Stay the course and veto HB4617. 

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Lone Tree/TRW Dioxin Update

Excerpts from this issue:

bulletSaginaw Chamber of Commerce
bullet It's unfortunate that they view a clean environment as a competing interest. There is an economic  value and quality of life that comes with clean rivers and healthy environments.........the concept however is not lost on all the Chamber members because a couple members saw fit to send the alert to us (see next story).
bullet "Home Owner's Fairness" is smoke and mirrors and so is the " sound science" mantra  and the Chamber knows it. This legislation is designed to benefit Dow Chemical, delay cleanup and it is intended to hamstring the DEQ. If you read the article in the Midland Daily News  you can see the City of Midland taking on DEQ. For two years properties were listed as facilities and not word one from anybody............then the DEQ, enforcing Dow's license, wanted to commence with testing in Midland. All of a sudden being a facility was a problem for Midland and these elected officials.
bullet Our water resources are our greatest economic resource and  one of our greatest quality of life assets. We could only hope that someday the Chamber of Commerce would acknowledge the same.  Tourism remains our third largest  industry. It is the position of the Lone Tree Council that economic development and a clean environment can co-exist and in fact will compliment each other for years to come.
bullet Senate OKs controversial 'facility' bill
bullet Granholm not likely to sign homeowner bill
bullet Great Lakes' healing mechanisms under attack, scientists say

Click here to view the entire update

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Saginaw County Chamber of Commerce Exposed.

Veronica Horn of the Saginaw County Chamber of Commerce admits to being the prime Dow stooge behind the scene pressing for the passage of the HB4617 Polluter Free Ride bill.  Take a look at an "Alert" she  emailed yesterday to stir up support from the others in the CC.  Notice that not one word of concern is mentioned about the health and safety of the 1000's of men, women, and children who live in the dioxin contaminated flood plain of the Tittabawassee.   Ken and Veronica Horn have seen the facts and choose to ignore them.  They know the real problem is the persistent and migrating dioxin in peoples homes, yards, and bodies.  IF successful, their quest to eliminate the word 'facility' from our environmental laws will leave a toxic legacy in Michigan for generations to come.  The Horn's, Moolenar, and Goschka have lost touch with their community and now serve one corporate master in Midland.  Remember this the next time you vote, Ken will be up for election soon.  Click on the two links that follow to view Veronica's email.  Page-1  Page-2 (large PDF files, may take a while to load)

Call Governor Granholm immediately and tell her to veto HB4617.  She can be reached at 517-373-3400.  If not vetoed, the result will be more expensive cleanups, slower cleanups, and increased liability for individual property owners whose property may be contaminated.  Residents may actually lose the ability to force polluters to pay.  In addition, the "Don't Ask, Don't Tell" provisions of the bill would prevent property owners from knowing that their property is contaminated, would prevent future owners from being informed, and would prevent the DEQ from doing anything about it, even if the property owners wanted a clean-up. This bill actually diminishes the rights of owners and future owners of properties and will require Michigan residents to pay for Dow's mistakes.

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Michigan Appeals Court grants Dow's request for stay by vote of 2-1.

December 7, 2005: The Michigan Court of Appeals has just agreed to hear Dow Chemical's appeal request on the class action certification of the Tittabawassee River dioxin class action law suit, and has stayed all proceedings until the case is heard and a decision rendered.  No date has been set for the hearing yet.

 Click here to review all court activity.

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Lone Tree/TRW Dioxin Update

Excerpts from this issue:

bulletHB 4617 Passes both the Senate and the House
bulletThanks to Senator Goschka the taxpayers get to pick up some of Dow Chemical's costs.
bulletReport: Don't kid yourself - toxins persist in the Great Lakes.
bulletAll but one paragraph of this report was printed on front page (not on-line) by the local newspaper.
bulletBelow is the section the left out:
bullet"(The board cites) compelling evidence that contaminants we've known about for decades -- PCBs, dioxin and mercury -- are causing increased disease, reduced IQs and other serious health problems in humans," said Mike Magner, a researcher with the center. "On top of that, they warn that a host of other chemicals -- flame retardants, plastics additives and even cosmetics and health-care products -- may be compounding those problems"
bulletClick here for the complete article

Click here to view the entire update

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12/07/05 Lone Tree Radio Announcements,  HB4617 passed by Senate

Lone Tree Council radio ads are being played on a local radio stations  WGER and WSGW.  If you missed them,  click on the links below.  The announcements tell the truth about Polluters  Free Ride legislation SB390 and HB4617 passed today. The bills re-write Michigan's environmental laws to benefit Dow Chemical & other corporate polluters at the expense of every person living in Michigan. Now EVERYONE IN MICHIGAN must pay for Dows dirty deeds.

The bill include language to the effect that the "Department" (MDEQ?) will reimburse  the polluter if a test sample if negative.  The "Department"? They really mean YOU, the taxpayer. Click here to review the bill.

Dioxin moves through the soils of the flood plain every year after a flood, samples from the same yard may return test results of less than 90 ppt in one spot and over 5000 ppt a few feet  away.  Who determines  where and how much sampling is performed?  

Though the bill passed, it is NOT veto proof, please call Governor Granhlom and let tell her to veto HB4617.   She can be reached at 517-373-3400.  For the fence sitters out there, it's your last chance.

The ads where bought and paid for by the Lone Tree Council.   TRW stands behind every word. 

bulletTerry Miller, Lone Tree Council
bulletMichelle Hurd Riddick, Lone Tree Council

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Lone Tree/TRW Dioxin Update

Excerpts from this issue:


Seems a great many people want us to believe this legislation is not about Dow Chemical nor was this legislation drafted for Dow Chemical. Dow Chemical says it’s not taken a position, they cop ignorance by saying they’ve not seen the amended bill introduced by Senator Goschka; the bill which would grant them final authority over contaminated property on the floodplain.

Legislators trying to protect Dow Chemical are proposing to change the way the State manages our cleanup laws with negative consequences for everyone in Michigan.  HB 4617/SB1 would remove the state's ability to designate some property as a "facility" or potentially contaminated.  An amendment would also allow the polluter to decide whether a property can receive the designation.  The result will be more expensive cleanups, slower cleanups, and increased liability for individual property owners whose property may be contaminated.  Residents may actually lose the ability to force polluters to pay! In addition, the "Don't Ask, Don't Tell" provisions of the bill would prevent property owners from knowing that their property is contaminated, would prevent future owners from being informed, and would prevent the DEQ from doing anything about it, even if the property owners wanted help.

bullet Who is backing and who is lobbying for the HB 4617

Dow Chemical says they've not taken a position on the legislation and in yesterday’s Saginaw News, Dow went on to say they've not seen the amended version of the bill. Odd! Dow’s lobbyist, Jerry Howell, was in attendance at the Senate Appropriations Committee meeting when the bill was passed. He must have forgotten to turn in his homework.

Dow has everything to gain by the passage of this legislation and they lose nothing


In the spirit of the season, we are making a list and checking it twice.  The voting record on these bills will determine which politicians receive lumps of coal in their next election campaign.

Click here to view the entire update

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11/30/05 Goschka sneaks in amendment letting Dow decide what is contaminated
bulletState Sen. Michael J. Goschka has added language to a hotly contested environmental bill that would require written consent by the property owner, the state and the polluter before including any property in a contaminated "facility."
bulletThe revised Senate bill essentially  negates the argument that this is about property rights or homeowner fairness,"
bulletThere is nothing fair about giving the polluter control over your property and your children's safety
bulletDow will use the language of the bill to shield themselves from liability, potentially blocking the inclusion of properties in a facility without on-site sampling.
bulletGoschka sneaked in the amendment after the Saginaw Board of Commissioners approved a resolution in support of the bill.  Do they still?  This is exactly what citizens warned the board about last month to no avail.  Will they issue a retraction?  Goschka and the gang are running around Lansing waving the Boards resolution implying they support an amendment they never reviewed.
bulletGoschka is a lame duck Senator, perhaps someone should investigate his finances to determine who is feathering his nest.  Any bets on where his pay check will come from after he leaves office?
bulletMichigan's  "State Board of Ethics" exists, file a complaint.  Click Here.
bulletClick here for a summary posted in the Saginaw News

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Plaintiffs file opposition to Dow's request for stay in Appeals Court.

Plaintiffs file "Appellee's answer in opposition to Dow's Emergency Application for leave to appeal" in Michigan Appeals Court.  Click here to read the Midland Daily News coverage. Click here to review all court activity.

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New warning signs posted in most local parks

Freeland Festival Park


<< no warning signs posted, fishing in progress 


 Imerman Park



West Michigan Park


Caldwell Boat Launch

        No soil advisory signs posted.


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Lone Tree/TRW Dioxin Update

Excerpts from this issue:

bullet Representative Carl Williams Health Alert newsletter
bullet Rep Williams votes against HB4617
bullet HB4617 will delay cleanup
bullet The frequently flooded areas of the Tittabawassee River are highly contaminated with dioxin. Hundreds and hundreds of samples demonstrate it beyond a doubt.  As the Tittabawassee River moves and floods and experiences high water events these contaminants are being transported and deposited within the floodplain and down river; a  scientific fact dangerously ignored in this irresponsible piece of legislation. Any sampling data of property is only a snap shot in time altered by the next movement of large volumes of water and contaminated sediment  across property lines and township borders. We keep hearing the call for "sound science"  but these legislators ignore it when the relevance doesn't support their agenda
bullet Goschka amends HB4617 to allow Dow to decided what is cleaned up.
bullet Senator Goschka amended HB 4617 in the Senate Appropriations committee with language which stipulates a homeowner would need the agreement of the responsible party, in this case Dow Chemical,  before their property could be listed as a facility. Unbelievable but true.
bullet MDEQ calls HB4617 "The Polluter Relief Act" because
bullet It shields polluters
bullet Cost Tax payers millions
bullet Make home owners pay
bullet Stymie brown field redevelopment

Click here to view the entire update

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11/13/05 'Sound Science' a barrier

Click here for details from the Midland Daily News

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1st epidemiological evidence of human dioxin body burden & endometriosis

The results of an August 2005 study published in Fertility and Sterility found  
the first HUMAN epidemiological evidence of an association between increased PCDD/PCDF
 and PCB body burden and endometriosis.

71 women participated in the Belgium study, click here for the details.

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Goschka admits HB4617 bill will delay cleanup

Click here for details from the Saginaw News

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Five Commissioners tell Senate to reject HB4617 and SB309

Sent to members of the Michigan Senate  


Tim Novak, Bob Blaine, Cheryl Hadsall, Mike O’Hare, Robert Woods

Saginaw County Commissioners 

Saginaw, MI  48602


Dear Senators,


We are writing to let you  know of our opposition to SB 390 and HB 4617.  In light of our Board of Commissioners voting to pass a resolution in favor of this poor legislation, we wanted you to know that it was not without opposition and disagreement.


While on the surface the intent of the legislation looks to be noble, it will in fact make it more difficult to assure that those responsible for the contamination of the area will address the problem as it affects other people’s property.  Not only will the legislation slow the pace of necessary and already agreed upon cleanup, it will increase the cost of cleanup and redevelopment.


We believe that scientists are better suited to decide the area of contamination than politicians.  Your DEQ has studied over 600 soil samples, and using scientific based assumptions, drew a boundary around the area most affected by contaminants.  This area is also targeted for initial cleanup and/or treatment.


The bottom line is that the property values of these homeowners may be devalued because of the presence of contaminants, in this case dioxin, NOT because of a property being designated a “facility”.  Disclosure laws still require a homeowner to inform a buyer of contamination.  The legislation will not do what the lawmakers intend it will.  It will only delay the cleanup by the responsible party and increase the cost of cleanup and redevelopment.


We urge you to reject this legislation if it reaches your desk. 


If you should have any questions, please do not hesitate to contact us at

989-xxx-xxxx (Commissioner Novak’s home phone number)




Commissioner     Commissioner     Commissioner     Commissioner    Commissioner   

  Tim Novak          Bob Blaine        Cheryl Hadsall      Mike O’Hare     Robert Woods


For additional details on this saga, click here

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Judge denies Dows request for stay of lawsuit pending appeal

Today in Saginaw County Circuit Court, Judge Leonard Borrello denied Dow's request to stay the class action lawsuit pending their appeal.  Dow is expected for file their appeal soon.
bullet    Quotes from the Judge Borrello (click here to read the Saginaw News coverage of the hearing):
bullet"If a delay is granted in this case, it is not going to come
   from this court, You'll have to get it somewhere else."
bullet"I believe in the old adage that says, 'Justice delayed is justice denied'.  When I think of the last two and a half years, I think it's time for both parties to move forward."

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Lone Tree/TRW Dioxin Update

Excerpts from this issue:

bullet DEQ Community Meeting this Wednesday November 9th 6:30 pm at Horizon's Conference Center
bullet Link to information on  Natural Resource Damage Assessment ( NRD)
bullet Saginaw County Board of Commissioners Resolution Supporting  HB 4617
bullet International Journal of Occupational and Environmental Health

Click here to view the entire update

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Saginaw County Commissioners pass "Polluters Free Ride"  resolution

On October 25, 2005  10 out of the 15 Saginaw County Board Commissioners passed a resolution supporting HB4617 which intends to release of Dow Chemical for any responsibility for the dioxin contamination of the Saginaw Valley watershed.


bulletThe mission statement of the board of commissioners charges them with the protection of the health and safety of the people of Saginaw county.  The 10 in support of this resolution obviously never read the mission statement.  They also ignored the pleas of citizens against HB4617 as well as to testimonials of those demonstrating real and present danger to the health of themselves and their children.
bulletSpecial thanks to Commissioners
bulletCheryl Hadsell
bullet Robert Blaine
bulletTimothy Novak
bullet Michael O'Hare
bulletRobert Woods
bullet All the above had the insight and courage to vote against the resolution.  They understand the real implications of this bill  which hurts public health, stalls cleanup and protects the polluter.
bulletA number of TRW members/Residents spoke at the October 11, 2005 public hearing on the resolution.  We also presented a number of documents to further the education of the board members (evidently reading is not one of their skills).
bulletOver 72% of area residents believe that the dioxin contamination presents a moderate to high risk to the health of floodplain residents according to a recent MSU study.  The commissioners supporting this resolution are obviously out of touch with their constituents.
bullet TRW brochure on the issue (origami, print and fold)
bulletCopy of residents letter to Michigan State Legislators against HB4617
bulletCopy of MDEQ letter outlining a multitude of problems with HB4617
bulletRemember these ignorant and/or unscrupulous  politicians supporting the resolution in the next election, they could care less about the health of you or your children:
bulletKenneth Horn - the ring leader
bulletRaymond Bartels
bulletThomas Basil
bulletBregitte Braddock
bulletAnn Doyle
bulletJames Graham
bulletTodd Hare
bulletCarl Ruth
bulletTerry Sangster
bulletPatricia Wurtzel
bullet You can find additional information about the county commissioner at the link below. 
bulletReview all the content of  and then read the boards resolution.  One especially troublesome point in the resolution:
bulletThey choose to ignore the facts and instead voted to release Dow Chemical from any responsibility for this mess.   Click here to view the meetings minutes, the resolution activity starts at the bottom of page 35. 

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Plaintiffs file response to Dow's request for delay

Plaintiffs file "Plaintiffs Memorandum in opposition to defendants motion to stay proceedings pending appeal" November 4, 2005. Click here.  A hearing is schedule in Saginaw County Circuit Court November 7 at 1:30 PM.

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Dow asks judge to delay class action.

 Dow files "Defendants motion to stay proceedings pending appeal" on October 31, 2005.

Excerpts from Saginaw News Articles

bulletBruce Trogan, an attorney for residents suing Dow, said he anticipated the request and opposes it. "They want to delay as long as possible," he said.
bulletEven as attorneys prepare a mass mailing, Dow officials have vowed to challenge Borrello's decision before the Michigan Court of Appeals. Spokesman Scot Wheeler said attorneys will file an appeal sometime this month.

What could stop the mailing is Dow's request for a stay on all local proceedings. The chemical giant filed such a request with the Saginaw County Circuit Court this week, which attorneys will discuss in a hearing at 1:30 p.m. Monday.

Attorney Bruce Trogan, who represents residents along the river, hopes to send out letters by the end of the year.

Once the letters are mailed, residents will have 60 days to opt out of the suit. v

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Lone Tree/TRW Dioxin Update

Excerpts from this issue:

bullet Saginaw Counter Board of Commissioners Disgrace
bullet ...One thing of interest. Several of the residents who spoke in support of the legislation to remove the "facility" from their properties also dismissed the toxicity of dioxin and trivialized its human health impacts in their statements to the commissioners.  Yet many of these residents took advantage of their properties being a "facility" and permitted contractors, this past summer, to come into their homes and clean carpets, wash walls, clean duct work and landscape their yards to minimize their exposure to a chemical they are not worried about?  They would, however, by supporting HB 4617, deny the same interventions to other residents whose homes and properties are contaminated....
bullet ...Someone pointed out that the mission statement of the board of commissioners charges them with the protection of the health and safety of the people of Saginaw county. But heck, they were worried some guy couldn't build a fire pit.  If and when this facility legislation is removed the remaining  properties on the floodplain designated a Priority One or Priority Two may not receive mitigation activity because they will not be considered a bad for the mom with kids but we can all find comfort in knowing that fire pit will get built.   Special thanks to Commissioners Hadsell, Blaine, Novak, O'Hare and Woods for voting against the resolution which hurts public health, stalls cleanup  and protects the polluter. You can find your county commissioner at the link below.  ...
bullet HB4617 Moving through Senate - What's the rush?
bullet ... Moolenaar and Goschka's zeal to get this done by the first of the year may have  everything to do with Dow's requirements to submit Remedial Work Plans for the Tittabawassee River and Midland by Dec. 31st. HB 4617 is intended to limit the authority and ability of DEQ to enforce Dow's license and pursue one of the worst dioxin  contaminations in the Midwest. It is once again an attempt to relieve Dow of their liability along the river. The best way for Dow avoid responsibility  is to prevent individual properties from being tested and this legislation accomplishes does just that. HB 4617 will piecemeal properties being tested. By design this legislation will impede any large scale cleanup efforts in Michigan's largest watershed. How shameful ...
... The provisions for the “facility” have been in Dow’s license since the first public hearing in 2002 with no objection from the sponsors of HB 4617. It wasn't until the DEQ began enforcing the license and the law, that these legislators became engaged.  Now Moolenaar and Goschka and Kahn, hiding behind a smokescreen of fairness,  have decided to weigh in on the issue but they have taken up the corner with polluter and special interest. The heck with children, families and the potential for restoration of our watershed. Remember that it was Moolenaar who came to Dow's defense last year and threatened to gut the DEQ budget and eliminate the  division responsible for execution of Dow's license. All because the DEQ insisted on soil samples. All because the DEQ was doing its job.
 DEQ's Bob McCann is correct," You don't put the administration of the law into the hands of the person who broke it."  HB 4617 does just that. ...

Click here to view the entire update

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Dow/MDEQ announce public meetings

Dow and the MDEQ announce the 1st of 5 "Midland/Saginaw/Bay City Tri-Cities Dioxin Community Meetings to be held November 9, 2005 6:30-9:00 pm at the Horizons Conference Center in Saginaw Township.  Future meetings will be held February 9  2006, May 10 2006, August 10  2006, and November 8 2006.

Topics include:

bullet On-Going community involvement process
bulletDow corrective action and license related activities time line
bullet Existing data overview
bullet Advisory signs
bullet Approved Scope of Work for Midland and Tittabawassee area
bullet Status of Interim Response Activities
bullet Remedial work plan preparations
bullet Bioavailability study
bullet Comprehensive Agreement overview: Dow/MDEQ/US Fish and Wildlife Service

Click here for the agenda

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Dow Class Action approved!!!!

Judge Borrello read his decision to a packed court room.  The Decision? Class Certification granted.  The judge went through the 5 components of Rule 3.501: numerosity, commonality, typicality, adequacy, and superiority and cited laws and/or previous cases that support his decision.  He specifically stated that Dows attempts to argue the merits of the case during a Class Certification hearing was inappropriate at this stage.  Dow is expected to appeal his decision. 

Plaintiffs attorneys intend to mail all property owners in the class further information once the content of the letter is approved, expect something in the mail in the next 30-60 days.  Every property owner meeting the class definition (will be provide once we have hardcopy of the Judges decision) is automatically part of the class, you do not have to do anything.  For those that want to remove themselves from the class, instructions will be provided in the letter mentioned above.  A number of class representatives have volunteered to represent the class in court, other property owners will not be involved in the actual trail.  Click here for a summary from the Midland Daily News and visit our Court Activity page for all the details leading up to this decision.

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Dow Class Action decision due today
Click here for details from the Midland Daily News

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MDEQ says plans to manage river toxins endanger public health

Click here for details from the Bay City Times

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Lone Tree/TRW Dioxin Update

Excerpts from this issue:

bullet Zilwaukee dredge site
bulletFrom Dave Linhard - Cancer in Midland
bullet Rocky Flats: Dow lied and downplayed perils
bullet Changing the Law for Dow
bullet Dioxin in the watershed series speaker
bullet Class Action hearing decision Henry et. al. vs. Dow

Click here to view the entire update

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Class Action decision rescheduled to October 21

The class certification decision announcement has been rescheduled by Judge
Borrello until October 21st at 11:00 am due to a problem related to the hearing transcript.

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Death comes to  Midland?

While corporations crank up the PR and politicians ponder and labor over their next steps, and
we fight our daily environmental battles, we often forget that real people with families and children
are the victims of the chemical trespass we are all forced to live in. My hope is that Dave will continue
to share these stories with all of us. Dave Linhardt is author of

Michelle Hurd Riddick
Lone Tree Council


Dow's mortality studies provide ample evidence that employee death rates from certain cancers are elevated,
some being statistically significant. Due to a lack of data, we do not know if a similar increase in mortality
 has been experienced by persons living in Midland and riverside neighborhoods which have high levels of
dioxin contamination.

Statistics have definite value but they do not provide any information about the persons that died prematurely
or the pain and loss suffered by their family and friends. In fact, "medical privacy" laws prohibit the release of
personal information. Perhaps, if a name and a history was associated with each premature death, the long
 overdue correct action would have been already implemented.

In the spring, I placed an ad in the Midland Daily News requesting contact with anyone that believes his/her
 illness or a death is related to dioxin exposure. The response was far greater than expected.

From time to time, I would like to share what I know about a person whose death may have been related
to dioxin exposure and whose death came too early.

Let me introduce you to "Sarah"

Dave Linhardt

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Saginaw County Commissioners to debate "Facility" designation

A resolution in support of Moolenaar's facility designation has bee sent back to
the Saginaw County Board of Commissioner's legislative committee for a full debate.
Sometimes a picture is worth a thousand words.  The image on the left is from the
aftermath of the March 2004 Tittabawassee flood event.  Click on the image to enlarge.
Which of the homes pictured did not receive any dioxin laden soil deposits into their yards?  Which of
them will not be able to hold Dow accountable if the "Facility" bill is passed?

Most of the commissioners do not have a clue of what this bill means to Michigan and are dependent
upon the likes of Goschka and Mollenaar to "explain" it to them.  We strongly urge the board to invite
a representative from the MDEQ to attend the session for a fair and balanced debate. Click here for
the MDEQ's interpretation of the bills impact on state regulatory affairs.

It's obvious that Senator Goschka wants Saginaw County's support to embolden his push for passage in
the senate as designer legislation for Dow Chemical. 

The meeting is October 11 at 3pm in the Commissioner's chambers- 2nd floor at the Saginaw Court House. 

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Dredging lawsuits dropped for now, may resume later

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bulletSee newspaper articles for information dating back to January 2002.  Click here
bulletFor additional archived information, click here

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