12/30/03 Depositions of 50 plaintiff's to begin 1/6/04
On January 6 2004, Dow begins pre-Class Certification discovery depositions of 50
plaintiffs selected from the named 173. They are scheduled at the rate of 4-5
per day, Tuesday - Friday and end on 1/23/04. Sessions begin at 9 A.M. and will be
held at the defendants local law offices of Braun Kendrick Finkbeiner 4301 Fashion Square
Blvd, Saginaw MI. Plaintiffs attorneys are contacting those to be deposed and
will be present at all depositions to protect plaintiff's rights.
12/23/03 Court denies Dow disclosure of 173 plaintiff's, authorizes 50.
Plaintiff attorney's argued that requesting 173 plaintiff's disclosures during the
holidays and continuing for most of January at a rate of 10 per day strongly suggested Dow
was attempting to harass plaintiff's.
That MCR 2.302 (C) provides that
this Court may enter a Protective Order to protect a party from annoyance, oppression,
undue burden or expense.
Plaintiff's argued that such a large number of disclosures is not
necessary to to determine Class Certification on February 24, 2004.
Plaintiff's suggest to Judge that 10-40 disclosure's would be more
appropriate.
Judge ruled in favor of Plaintiff's and authorized Dow to conduct disclosure's with 50
plaintiff's of their choosing beginning no earlier than 1/5/04.
If Dow is unsatisfied with the results, they may go back to Judge to request more,
however they must provide very specific reasons supporting their request.
12/22/03 Fradulent claims and faked studies used as
"Science" by Chemical industry
Over the past 60 years, Dow and others have performed numerous "Scientific"
studies in response to workers being exposed to dioxin-contaminated chemicals at their
plants. The chemical industry continues to use the results of these fradulent and
faked studies to support it's position that dioxin is harmless.
he full story of dioxin is a complex one, and includes
coverups, lies, and deceit; data manipulation by corporations and government; and
fraudulent claims and faked studies. For the public, it is a story of pain, suffering,
anger, betrayal, and rage; of birth defects, cancer and many uncertainties about health
problems.
Although many companies have contributed to the dioxin story, three chemical companies
have played particularly significant roles: Monsanto, BASF, and Dow Chemical. All three
manufactured commercial products that were contaminated with dioxin. All three conducted
health studies to evaluate dioxin toxicity, which were then used for many years to support
claims that there were no long-term effects, including cancer, from dioxin exposure.
" Stephen Lester
12/21/03 Demolition of homes begins near `Mount Dioxin' in Pensacola
"Demolition of 45 homes near a Superfund toxic waste site dubbed "Mount
Dioxin" has begun, but an environmental activist said more testing should have been
conducted before the work started. The Environmental Protection Agency moved 358 families,
the third-largest relocation in EPA history behind Times Beach, Mo., and Love Canal at
Niagara Falls, N.Y.. The homes were vacated because they are close to an abandoned
wood treating plant (Escambia) where tests showed high levels of dioxin, which has been
linked to cancer, in yards." Click here
for the full article.
In 1992, after EPA had completed the Escambia removal action, it tested soil in a few
residential backyards immediately over the site's fenceline and found dioxin, ranging from
34 to 950 ppt TEQ with an average of 316 ppt.
The 1995 ATSDR Public Health Assessment for the Escambia site cited a safe level of 50
ppt for dioxin TEQ in soil, because of noncancer health effects. In 1996 EPA
Region 4 decided to use the 200 ppt level for dioxin cleanup for the offsite residential
areas near the Escambia site, acknowledging that it corresponds to the 10-4 cancer risk
level, but ignoring noncancer health effects.
In 1996 EPA Region 4 decided to use the 200 ppt level for dioxin cleanup for the offsite
residential areas near the Escambia site, acknowledging that it corresponds to the 10-4
cancer risk level, but ignoring noncancer health effects.
In April 1996, EPA Region 4 issued a draft Proposed Plan for an interim remedial action
consisting of permanent relocation of 66 households adjacent to the Escambia site, 21 of
which were justified on the basis of health threats (because of dioxin contamination). In
August 1996, an addendum was issued expanding the relocation to include 101 households.
In October 1996, Region 4 Administrator announced an expanded relocation to include
all 358 households.
What's the point? The samples from MDEQ
Tittabawasse flood plain dioxin testing averaged 998 ppt in Phase 1 and 529 ppt
in Phase 2. Maximum values where 7,261 ppt and 3,400 ppt in Phase 1 and 2
respectively. A few random samples from the 22 mile stretch of river detected levels
on residential property up to 1,400 ppt.
12/19/03
Michigan Supreme Court next battle ground for Medical Monitoring Claims?
WASHINGTON--(BUSINESS WIRE)--Dec. 18, 2003--The Coalition for Litigation
Justice, Inc., a nonprofit association formed by insurers to improve the toxic tort
litigation environment, this week filed a "friend of the court" brief with the
Michigan Supreme Court, urging the Court to hear an appeal that may determine whether
claimants in Michigan can recover damages based on the mere possibility of a future
injury. The Coalition was joined on its brief by the Chamber of Commerce of
the United States, American Tort Reform Association, National Association of
Manufacturers, and American Chemistry Council.
Everyone in the United States of America is very close to loosing something
that most never knew they had. If Dow and their front groups are successful,
precedent will be created in our court systems that past, current and future polluter's
will use to defeat every Medical Monitoring suit that comes to pass.
Who is the Coalition for Litigation Justice, Inc and where does their funding come
from? The Chamber of Commerce is against anything that remotely impinges on anything
business wants to do. Illegal, or otherwise. The Tort Reform folks are a bunch
that want to remove any and practically all avenues for consumers to sue any company even
if the company knowingly did something wrong. The National Ass. of Manufactures, and
the American Chemistry Council are lobbyist groups that spend millions of dollars every
year to convince those in power to do things their way, i.e. allow their companies
to do what ever they want at the publics expense. Dow Chemical is a dues paying
member of the American Chemical Society. For more information on how Dow
manipulates the political, regulatory, educational and legal systems, click
here.,
Once again, Dow demonstrates it's lack of concern for the local citizens it has
contaminated. Expect more hype and spin from these group's in the near future.
The Facts: No one on either side of the lawsuit has defined how
Medical Monitoring would work, that will be decided by the court assuming these front
groups efforts are unsuccessful. The court system will not allow a
Medical Monitoring program to be conducted in a manner as suggested by the hype being
promoted by Dow.
Everyone, including those of you who have been sitting on the sidelines, need
to speak up and do it quickly. Call, write or email your elected representatives in
congress and tell them of your concerns as well as how their support, or lack of it,
will determine your future votes. Click here for Federal representative
contact information and here for State
representative contact information. Local official contact information can be found
on the What Can I Do page?
12/15/03
Summary of today's court hearing.
A total of 6 plaintiffs dropped from 179 named in 2nd amended complaint.
Reasons: property in Midland county, close ties to Dow personnel, poor
health.
New plaintiff total before proceeding to class certification hearing on 2/24/04 is 173.
Dow will proceed with disclosure of the 173 (interviews with Dow and plaintiff
attorneys present), to be completed in late January 2004.
The additional 135 individuals named in 3rd amended complaint will not be added to the
case at this time. Dow threatened to delay the class action decision if this was
done. All 135 will automatically become part of the case if it is certified as a
Class Action on February 24, 2004. If for some some reason case is not certified as
a Class Action, plaintiff attorneys will sue Dow on an individual basis for all 308
individuals (173 - 6 + 135 = 308). In the meantime, the 135 plaintiffs will not be
required to submit to Dow's disclosure efforts.
The request to make the original 26 plaintiff's "Class Representatives" will
be decided upon during the Class Certification hearing scheduled for February 24th, 2004.
This would streamline the court proceedings. Dow says plaintiff's are trying
to hide something, plaintiff attorneys says Dow can continue to depose all of the
173 plaintiff's as filed in their 2nd amended complaint.
Add allegations regarding recent MDEQ findings and
actions that have
occurred since the filing of the Second Amended Complaint, see paragraphs
239-241.
MDEQ Phase II Tittabawassee sampling report which
conclude that
"elevated dioxin concentrations were pervasive" in the flood plain
downstream of Dow's Midland plant, and that Dow "is the principal
source of dioxin contamination" in the Tittabawassee River and Flood
Plain.
MDEQ designated the entire Flood Plain downstream of
Midland a
regulated "facility" under Part 201 of Michigan's
NREPA.
MDEQ has invoked NREPA to restrict plaintiff's outdoor
activities on
their property; require them to obtain state permits for all major
household soil movement, and compel them to depose all available
information about area dioxin contamination to potential buyers under
penalty of law.
Dow's motions to remove language that plaintiff homes
are worthless was denied. Judge indicated this has nothing to do with Class
Certification. Dow justified their motion because 1 home had sold.
One ignorant and/or misinformed buyer does not represent the Class.
12/15/03 Dow
sent Notice of Deficiency by MDEQ
The Michigan Department of Environmental Quality delivered Dow Chemical an official
Notice of Deficiency (NOD) concerning it poorly constructed Scope of Work (SOW) from
August 2003. Dow is required by the MDEQ to submit two SOW's (Tittabawassee River and City of Midland) as part of the
requirements for their Hazardous Waste Management Facility Operating License issued in
June 2003. The whole point of the SOW is to protect the public from exposure to
dioxin, that's why the MDEQ requires Dow to submit "Immediate Interim Response
Activities (IRA) in the SOW. The 29 page NOD lists 63 items which must be
corrected before the MDEQ will approve the SOW's. Click here to view the entire NOD
(be prepared to wait as it is a very large pdf file). Evidently Dow does not
understand the word immediate and/or is a very inept organization.
TRW suspects Dow knows exactly what it is doing: delay, delay, delay. They
understand the constraint's placed on the MDEQ to deal with this matter and intentionally
submitted junk so that they cold get another 45 days to "correct" it. So
much for their concern about our "community".
12/13/03
Conceptual shifts in scientific thinking - Dow scientists stuck in the old world ?
An essay which first appeared on the San Francisco
Medical Societies web site in November 2002 provides an excellent review of current
scientific thinking in the area of environmental toxicology. Rachel's Environment
& Health News article #757 provides a
review of the essay. Dow Chemical's behavior concerning toxic
chemicals seems to be consistent, i.e. promote "Corporate Science" and ignore (at
least publicly) this NEW shift in thinking by the rest of the worlds
scientist. The following is an excerpt from the essay, just substitute the
word DOW for OLD in the 9 points listed below.
"We're in the Midst of a Scientific Revolution...The revolution arises from
scientific discoveries which establish that many chemicals -- both from the natural world
and synthesized in laboratories -- interfere with the biochemical messaging systems that
direct the biological development of plants and animals, including humans."
These discoveries "are forcing a series of conceptual shifts upon toxicology as it
integrates these new findings with long-standing assumptions".
Conceptual Shifts in Scientific Thinking:
1. OLD: High level contamination overwhelms
detoxification and other defense mechanisms. NEW: Low level contamination
hijacks control of development.
2. OLD: The dose makes the poison. NEW:
Non-monotonic dose response curves are common, in which low level exposures cause effects
that disappear at higher levels. [See text for the meaning of non-monotonic.]
3. OLD: Only high levels of exposure matter. NEW:
Impacts caused at what had been assumed to be background levels.
4. OLD: Focus on adults. NEW: Periods
of rapid growth and development (prenatal through puberty) are most sensitive to exposure.
5. OLD: A small number of bad actors. NEW:
Many chemicals thought safe are biological active and capable of interfering with
signaling systems.
6. OLD: Immediate cause and effect. NEW:
Long latencies are common; fetal programming can lead to disease and disabilities decades
later.
7. OLD: Examine chemicals one compound at a time. NEW:
In real life, mixtures are the rule. They can lead to effects at much lower levels than
indicated by simple experiments with single chemicals.
8. OLD: Focus on traditional toxicological endpoints
like mutagenesis carcinogenesis, cell death. NEW: Wide range of health
endpoints, including immune system dysfunction (both hyper and hypo-active); neurological,
cognitive and behavioral effects; reproductive dysfunctions; chronic diseases.
9. OLD: One-to-one mapping of contaminant to disease or
disability. NEW: Same contaminant can cause many different effects,
depending upon when exposure occurs during development and what signals it disrupts.
Multiple contaminants can cause same endpoint [effect], if they disrupt the same
developmental process.
12/12/03 State
tells farmers: Crops safe; don't eat the livestock
Addressing a group of 50 farmers Thursday at Freeland Elementary School, state
agriculture officials explained that while plants don't absorb the dioxin that has
polluted a 22-mile stretch of the river, soil and dust contaminated with the chemical
likely isn't good for livestock -- or humans. Click here for the details provided by the Saginaw
News.
12/11/03 Dow
begs State Supreme Court to override medical monitoring decision.
Dow files motion with State Supreme Court to overrule Judge Borrello's decision on the
Medical Monitoring aspect of the suit. See Court Activity
page entries for 8/19/03, 9/2/03, 9/12/03, and 12/11/03 for details of past decisions on
medical monitoring
Why? Dow’s actions speak
much louder than Mr. Wheeler’s words to the press. At every turn they ask to
delay the Court’s hearing on class certification on top of their efforts to stay the
case. What do their actions tell you? That they want to move forward
expeditiously to resolve the residents concerns and this case? We think not.
12/8/03 TRW
/ Lone Tree December 2003 meeting cancelled due to the holidays.
The TRW/Lone Tree meeting held on the 3rd Monday of every month has been cancelled for
12/15/03 due to the holidays. See you next year!
12/4/03 MDCH
outlines Pilot Exposure Investigation for flood plain residents
The MDCH announced it the December 3, 2003 CAP meeting that it is
going ahead with it's Pilot Exposure Investigation (PIE). The purpose of the study
is to provide information on the levels of dioxins in soil, indoor dust, and blood samples
for 25 adult residents of the Tittabawassee River flood plain. Click here for a diagram
outlining how the participant selection process will work. This investigation will
also provide information about how to conduct a future exposure investigation that could
include several hundred people. This is NOT a Health Study. Various media
reports erroneously reported that a Health Study is being conducted. Below are the
ATSDR definitions of the various terms used to investigation contamination sites:
Health Assessment/Consultation: is the evaluation of the environmental
and health data and community health concerns about a site. An Assessment, which
looks at the broad picture, is more comprehensive than a Consultation, which usually
focuses on a specific element. Each of these activities results in the preparation
and release of a document by the same respective title. These are NOT Health
Studies, however recommendations made in these documents may lead to an EI or a Health
Study.
Exposure Investigation is the collection and analysis of site-specific
information to determine if human populations have been exposed to hazardous substances.
The EI is considered a service, NOT a health study. The results of the EI are
site-specific and applicable only to the community involved, in the EI; they are not
generalizable to other individuals or populations. The full text of the PIE protocol
will be posted here once it is posted on the MDCH
website. Click here for the MDCH Fact sheet on the Pilot Exposure Investigation:
Page 1Page 2
Health Study of exposed persons is designed to assist in identifying
effects of exposure on public health. Heath studies can also define the health
problems that require further inquiry by means of, for example, health surveillance.
12/4/03 Dow
tardy in providing many of required documents per MDEQ
Funny how a huge corporation like Dow just can't find the time to provide the documents
mandated by the State of Michigan. Dow's Hazardous Waste Site Operation License
required Dow to submit a Scope of Work for the conduction of Remedial Investigation of the
Tittabawassee River sediments and floodplain. Dow's initial SOW document was
produced in August 20003. Four months later they still have not got it right.
One would think that a company which professes to employ world class
scientist's would be able to produce these documents on time. The link below
provides the status of the various required documents and their status.
12/04/03 MDEQ graphs
of Tittabawasse River Floods 1960 - 1999
Graph presented and December 3, 2003 CAP meeting. A larger
view of graph is on the 1986 Flood page, click here
12/02/03 Dow lawsuit
plaintiff's file Third Amended Complaint in court
The motion changes the following:
Add a net of 131 individuals to the previous 179 for a
total of 310 plaintiff's
135 new individuals added, 4 dropped for various
reasons
Designate only certain party plaintiff's as class
representatives - i.e., the 26
party plaintiffs named in the original Complaint.
"The 26 part plaintiffs named in the original
Complaint will serve the
interests of justice by having a small group of primary representatives
to fully, fairly, and vigorously protect the interests of the class. Such
designation will also narrow the scope of discovery preceding this
Court's class certification determination and otherwise enhance the
manageability of these proceedings."
The remaining 284 named individual non-class
representatives plaintiffs
will automatically become part of the class action if certified. If not
class certified, the law firm will file a suit against Dow for each
individual.
Adds allegations regarding recent MDEQ findings and
actions that have
occurred since the filing of the Second Amended Complaint, see paragraphs
239-241.
MDEQ Phase II Tittabawassee sampling report which
conclude that
"elevated dioxin concentrations were pervasive" in the flood plain
downstream of Dow's Midland plant, and that Dow "is the principal
source of dioxin contamination" in the Tittabawassee River and Flood
Plain.
MDEQ designated the entire Flood Plain downstream of
Midland a
regulated "facility" under Part 201 of Michigan's
NREPA.
MDEQ has invoked NREPA to restrict plaintiff's outdoor
activities on
their property; require them to obtain state permits for all major
household soil movement, and compel them to depose all available
information about area dioxin contamination to potential buyers under
penalty of law.
In response to prior court rulings, the Third Amended
Complaint continue to
include claims for trespass and strict liability. Plaintiffs, however, have
omitted any claim for punitive damages per prior court ruling on 8/19/03. In
all other respects, the substantive allegations against Dow remain the same.
Although punitive damages are removed, claims for Exemplary and
Compensatory damages remain. Punitive damages where eliminated
because Michigan law does not allow anyone to "punish" a corporation
for bad deeds. However, Exemplary and Compensatory damages offer
the plaintiffs the ability to be compensated for the disruption of their
lives, etc. due to the contamination. A jury will decide the final
award.
Click here to view actual
document. Be prepared to wait, this is a huge 6MB
pdf file.
12/01/03 MDEQ
releases Aquatic Ecological Risk Assessment Report for the Tittabawassee River
DEQ Funded Aquatic Ecological Risk
Assessment Identifies Risks and Impacts to Wildlife Resulting from Dioxin and Furan
Contaminated Sediments in the Tittabawassee River
Dioxin and furan contaminated
sediments in the Tittabawassee River downstream of the city of Midland pose significant
reproductive, embryo, and early life-stage mortality risk to fish-eating birds and mammals
according to a recent report commissioned by the Department of Environmental Quality.
The 48-page Tittabawassee River Aquatic
Ecological Risk Assessment Report, prepared by Vermont-based Galbraith Environmental
Sciences, LLC, was initiated after investigations of river sediments and flood plain soil
conducted by the DEQ found dioxin and furan contamination. The contamination is pervasive
throughout the Tittabawassee River and its flood plain downstream of Midland and the Dow
Chemical plant.
"The report provides critical risk
assessment data that will assist the DEQ in determining the impacts and risks to wildlife
posed by dioxin and furan contamination and the appropriate response activities needed to
reduce those risks," said DEQ Director Steven Chester.
The conclusions of this study are based on the
concentrations of dioxins and furans in sediment and fish collected from the Tittabawassee
River and from duck and chicken eggs collected from the Tittabawassee River floodplain.
Click here for the
details.
11/28/03 Chemical
industries secret plan to attact California's chemical saftey movement
OAKLAND, CA, Nov. 20 The chemical industry plans to conduct a covert
campaign attacking the growing movement in California for more chemical
safety testing, with tactics including the creation of phony front groups and
spying on activists, according to an internal American Chemistry Council (ACC) memo
obtained by Environmental Working Group (EWG). The memo recommends that
ACC, the lobbying association for U.S. chemical companies, hire a crisis
communications firm that promotes itself as the attack dog of the public
relations industry to fight back against California's adoption of laws and
regulations that embrace the precautionary
principle. Dow Chemical is a dues paying
member of the ACC. Click
here for the details.
11/26/03 Dr.
Birnbaum's "Dioxin, are we at risk" audio presentation now on-line
70 minutes. That's all it takes to listen
to the latest EPA concerns about the risks of dioxins to human health. It's
time well invested.
"D
ioxin has been called one of the most dangerous chemicals ever known.
Purging uncertainties and clarifying myths about dioxin, Dr. Birnbaum will discuss dioxin
in generalwhere
it comes from, how we interact with itand specifically, its staggering impact
on human health. She will also talk about dioxin effects in the Great Lakes. "
LocalMotion
Dr. Linda Birnbaum is the EPA's world renowned dioxin expert. Audio excerpts are
from the video "Dioxin, are we at risk" produced by LocalMotion.
11/25/03 Dow Class
Action Certification trial delayed until February 24, 2004
In his final statements at today session, Judge Borrello announced he had a scheduling
conflict with another trial (30 year old murder case) on January 27, 2003 and felt it
would be best for both sides to reschedule the Class Action certification trial until
February 24, 2003 at 9:30 A.M.. The Judge stated he will keep 2-3 days open for the
Dow case and hoped to issue a verdict by March 1, 2003.
Today's session was held at Dow's request so that they could complain about not
receiving plaintiff records even though the court set deadline is December 1, 2003.
Dow stated they had not received any plaintiff records, plaintiff lawyer
countered Dow was sent 1861 pages last Friday and would be sending another 1000 pages on
Monday December 1. The plaintiff attorney, Jan Helder, stated that
all of the records requested by Dow have no relevance to Class Action certification (he
successfully defeated Dow's requests for Medical Records at this juncture). He also
stated that if Dow was really concerned about a lack of time, they should have
started depositions back on November 7th when the court authorized them to do so.
The Judge listened to both sides with little comment before he went into chambers. Upon
returning he brought up his 30-year-old murder trial and stated it would probably
interfere with the Dow case scheduled for 1/27/04. During his statement, not once did he
bring up either sides accusations or defenses about the lack or abundance of records.
Instead, he stated that realistically the hearing should be delayed because if he left it
scheduled for 1/27/04, it would more than likely be cancelled at the last minute due to
the murder trial. He then went on to say that the proposed schedule in Dow's motion
for delay would fit with his murder case schedule and therefore asked both parties to
abide by it. The lack of records was not mentioned by the Judge as the reason for delay as
one would believe by reading news media accounts of the hearing
So...why did Dow request another hearing 3 weeks before the December 1 deadline?
All of this is just a game played by Dow to introduce continual delays into the process,
nothing more. Perhaps their goal is to delay Class Action Certification until after
next Mays annual stock holder meeting. A resolution passed in
this years annual meeting requires Dow to report it's liabilities related to dioxin and
other persistent toxic pollutants.
11/17/03 TRW-Lone
Tree Council Meeting/Dioxin Update
Video presentation on "Dioxin: Are
we at risk?" by Dr. Birnbaum of the EPAUpdate on Community Advisory Panel and
Scope of WorkDow Lawsuit update
Future meetings and agendas
Watch for future meeting schedules on our Meeting page
11/16/03 Loma
Linda University: Dioxin, Chemical Terrorist in our food
Dioxin is considered the most toxic chemical made by man.
The largest source of Persistent Organic Pollutants (POPs,
Dioxin is one of them) is food.
EPA regulations state that the average person should limit their intake
of dioxin to 0.000000000000001grams (or 0.001 picograms*) per kilogram of bodyweight per
day.
The average bodyfat of an American contains 8000 picograms of
POPs per kilogram of bodyfat.
The largest intake of dioxin in the U.S. is through the consumption of
beef.
An 8 ounce steak = 4000 picograms
The average nursing child is exposed to 60 picograms of POPs per
kilogram of weight per day.
Mothers can pass dioxin to their children through breastmilk.
The half life of POPs is 15 years.
One billionth of a gram can disrupt the hormone system.
Migration of POPs is higher from frequently used plastic containers.
* 1 picogram = 1 trillionth of a gram
TRW note: All of the above are for the GENERAL POPULATION.
"At higher risk of exposure to dioxin are children, nursing
infants, some workers and farmers, people who eat fish as a main staple of their diet such
as some indigenous peoples and fishermen, and people who live near dioxin
release sites. These groups of people are likely exposed to at least 10 times as much
dioxin as the general population. "
The statement was made in the American
Peoples Dioxin Report published by the Center for
Health, Environment, and Justice, a group which evolved out of the Love Canal
incident. The section of the report titled "Science" has an excellent
description of dioxin and and how it is measured (TEQ's). A supporting document Technical
Support Document provides the scientific basis and support for the conclusions and
recommendations made in the report.
Dow's message to the public is simple: dioxin
poses no threat to humans in the flood plain. Research from non-Dow scientists from
around the world disagree. Click here
11/11/03
Dioxin kills all young lake trout in Lake Ontario for 40 years
MADISON, Wis. (Nov. 5, 2003) –
University of Wisconsin Sea Grant Institute. A team of researchers has determined
that dioxin and similar toxic chemicals were high enough in Lake Ontario to kill virtually
every lake trout that hatched there from the late 1940s to the late 1980s. Their findings
differ from traditional explanations for the collapse of the lake trout population in Lake
Ontario that focus on overfishing and attacks by the parasitic sea lamprey. Click here for details
Lake trout sac fry unexposed (top) and
exposed (bottom) as fertilized eggs to 2,3,7,8-tetrachlorodibenzo-p-dioxin
(TCDD). External signs of toxicity in the fry exposed to TCDD include yolk sac edema (YSE)
and pericardial edema (PE) associated with damage to vascular tissues (DV), hemmorhaging
(H), craniofacial malformation (CFM), and hyperpigmentation (HYP), which lead to death
prior to the swim-up stage of development. Click on the image to see
a very high resolution enlargment of the photos. Warning, this is a 7MB image and may take
several minutes to download depending upon the speed of your computer and internet
connnection.
Photo by Philip Cook,
Research Chemist, U.S. Environmental Protection Agency
11/10/03 DRAFT
Interim Response Activities Work Plans available.
The MDEQ recently posted Dow's DRAFT, Interim Response Activities (IRA) Work Plans for
Inerman Park, Freeland Festival Park, West Michigan Park, and the Center Road Boat Launch.
These plans are NOT approved by the MDEQ as of yet and hopefully will be rejected
in their current form. Please read them and and let the MDEQ know how your feel,
contact Cheryl Howe at the MDEQ, HOWEC@michigan.gov
.
Citizens and activists have already proposed a more aggressive cleanup many times in
September and October of this year at public meetings and in the press. Click here for what we think is the
right way to address these issues.
Dow's solution mentioned in Draft IRA's:
Avoid the word Dioxin in all of the documents. Other than for mentioning the MDEQ
document: "Final
Report, Phase II Tittabawasse/Saginaw River, Dioxin Flood Plain Sampling Study",
it's not there. It's obvious they are not serious about this as they have publicly
stated "Dow denies as untrue the allegations that the presence of dioxin in the
Tittabawassee River and floodplain poses a serious risk to plaintiffs and other residents
of the floodplain"
Hand washing stations with signs that read as follows:
For hand washing only
Not for drinking
Not for fish cleaning
Hand washing is recommended to remove soil and sediment.
Not a single mention fo why you need to remove soil and sediment (Dioxin?)
The stands are being used to clean fish for consumption
The stands are to complicated and of the wrong height for small children
They should add a kiosk with the Dioxin warning information next to each station.
What about the dirt paths through the woods of Inerman. Cross country teams run on
these trails, families take their small children for walks, etc. The wood chips on
the trails wear off very quickly, will Dow be checking them daily?
A stone wall & deck along the banks for the Freeland Festival park.
While this might be aesthetically pleasing to the Freeland Township officials, what
studies have determined this will reduce exposure? Won't the wall trap dioxin laden
sediment each year the river floods.
To view the IRA's visit the MDEQ website , click here
and scroll down to IRA's.
11/08/03 Judge
denies Dow access to plaintiff's Medical Records
Plaintiffs WIN !
Those that are signed up as plaintiffs in the Dow lawsuit are protected in this phase
of the lawsuitand will not have to provide medical records, insurance
records, employment records, and personnel records. The only information you
are required to provide is what's already been asked for by our attorney.
The rest of the flood plain residents are on their own, Dow will be contacting you in
an attempt to discover everything they can to be used against you in court when the suit
is certified as a class action. Be careful and contact your lawyer before saying
anything. See additional info on this matter by paging down to the 11/6 and 11/7
news updates below.
11/08/03 Judge
rules Dow may interrogate river residents not in lawsuit but upsets court.
In another ruling yesterday, Judge Borrello granted Dow
permission to conduct discovery with non-named/non-represented putative class members (all
those who do not have a signed agreement with our law firm ). He also states he is upset with Dow for trying to pull a fast one by
scheduling private meetings with non-plaintiff residents before he had ruled on the
matter.
This changes everything. Contrary to what Dow has said publicly, they now have permission to discover
anything in the private sessions to be conducted next week. Be careful on what you say.
See additional info on this matter by paging down to the 11/6 and 11/7 news updates
below.
Note: Dow's spin machine was running at full throttle yesterday when it attempted to
portray plaintiff's as trying to "shut down dialogue". The public,
including many members of the lawsuit have been participating on all fronts with the State
in resolving this issue for almost 2 years and will continue to do so. The State of
Michigan is now listening, Dow is not, hence the lawsuit. Efforts by plaintiff's
attorneys and statements made by TRW's Gary Henry were done in an attempt to warn
non-plaintiff residents of possible violations of their legal rights and reduce the risk
of future legal issues. Plaintiff's with signed agreements are protected by
our attorneys, Dow cannot speak to plaintiff's unless our attorneys are present. We
feel confident the case will be certified as a class action regardless of what
non-plaintiff's may say in Dow's private "sessions". And if by chance the
case is not certified as a class, our lawyers are prepared to sue Dow on an individual
basis for all 300+ residents with signed agreements. In my opinion, every property
owner in the flood plain needs some sort of legal representation as they are now owners of
a State designated Hazardous Waste Facilities. Gary Henry, TRW member and
plaintiff.
11/07/03 A
wolf in sheep's clothing, Dow's deceit exposed.
If you where thinking of attending the private sessions with Dow next
week, think again.
The seemingly innocent invitation states reasons for the meetings that have nothing to do
with the real agenda as Dow is requesting in court.
Click here to see an
image of an actual invitation and the stated agenda. Dow states the
meetings are being conducted to introduce you to Dow representatives, answer questions,
hear specific suggestions, and discuss options that have already been suggested about
"historical" dioxin levels along the Tittabawassee River.
Now read the intro from the brief Dow filed in court this week.
THE DOW CORPORATION'S BRIEF IN SUPPORT OF ITS ABILITY TO
CONDUCT INTERVIEWS AND OTHER INFORMAL DISCOVERY OF NON-NAMED/NON-REPRESENTED PUTATIVE
CLASS MEMBERS
Pursuant to the order of this Court, The Dow Chemical Company ("Dow") submits
the following brief in support of its position that it is entitled
to contact, interview and otherwise conduct informal and/or
formal discovery of potential (or putative) members of the two proposed classes who are
neither named class representatives nor represented by counsel in this matter.
The bottom line: DISCOVERY for the lawsuit. They want to get you
in a room without a lawyer and hope you spill your guts about your family and neighbors,
looking for anything they can use against you in the future if you should happen to join
the lawsuit or become part of it through Class Certification.
Read the next item "Everything you say can and will be held against you" for
more information.
11/06/03 Everything
you say can and will be held against you
Everyone in the Tittabawassee River flood plain, except those signed up for the
lawsuit, received an invitation from Dow Chemical to attend a "series of neighborhood
group meetings" next week.
In our opinion, if you have signed up to attend (these are not public meetings, you must
send in an RSVP), please reconsider for the following reasons:
You have nothing to gain and everything to loose if you attend these sessions.
The State of Michigan says it could be considered unethical for a defendant (Dow) to
question members of a possible class action before certification takes place
(Certification hearing is scheduled for January 27, 2004).
River residents lawyers indicate that
what you say at these interviews could possibly be used as evidence against the claims in
the case.
This issue was presented to Judge Borrello in court on October 28th. The judge
ordered Dow and the Plaintiff's lawyer to to file briefs in court by November 10th after
which he will make a decision on whether it is legal for Dow to conduct the interviews
before class certification. As of today, no decision has been made.
Dow has stated, contrary to the MDEQ,
EPA, WHO, and many others that dioxin poses "no significant health risk" to
residents. These "sessions" could distort the facts about the toxin.
Our lawyer says "the risk of misinformation is very real"
Dow is attempting to circumvent the courts before the Judge rules on the issue.
If you really want to talk to Dow, wait until after the Class Certification.
The State of Michigan has already put into place a method (CAP)
for citizens to participate in the clean up process and Dow received everyone of these, click here to view.
Do NOT attend these sessions until we know the Judges verdict on the whole matter.
If
you still plan on attending, please:
Talk to your lawyer before attending, if you do not have one, contact the plaintiff's lawyers and they will
be happy to assist you.
Do not sign anything.
Request that the conversation be off the record and that no recordings of any kind or
written transcripts are authorized by you.
Do not offer any health related information on yourself, family or friends that live on
the river
Do not offer any information about your property, real-estate transactions, possible
flood damage, etc. on yourself, family or friends that live on the river.
Do not authorize Dow access your property for any reason, including dioxin testing.
Do not authorize Dow to perform any exams or testing on yourself or family.
Do not offer any information on your personal habits, hobbies, or comments about your
neighbors.
If you find yourself being questioned or offering information on any of the above, get
up and walk out, and call your lawyer.
Keep your comments limited to suggestions on how they can cleanup the pollution now.
The State of Michigan is handling this matter and is directing Dow on what needs to be
done. So far as we know these meetings, especially before the court rules upon their
legality, are not one of them. The State will address all of the issues above
using proper channels, Dow's reasons for wanting this information is suspect and needs to
be authorized by the courts before they can begin..
Wait for Class Certification before engaging in any conversations with Dow. If you
really do not want anything to do with this lawsuit, you can "opt out" and not
participate AFTER the class certification takes place.
Once Judge Borrello rules on the legality of the meetings, we will post the results
here.
11/01/03 MDEQ
releases Final Report: Aquatic Ecological Risk Assessment
MDEQ's has released Dr. Hecotr Galbraith's final report on the Tittabawassee River
Aquatic Ecological Risk Assessment. Click here
to view the 58 page report (very large pdf file). Click here to view his PowerPoint summary presentation to the CAP in
October.
A few excerpts:
10/31/03 Citizen
comments
"Where are the elected officials on this issue? how
come we never hear from them? I for one am tired of all this talk about cancer cures and
breast cancer awareness..........dioxin is an endocrine disrupter, it screws up your
hormones. Is it any wonder there are so many women with breast cancer living in the
floodplain?...............where are the doctors? Do we even have a local health
department. When I read about the wildlife study and all those contaminated fish and eggs
I knew it was in all our bodies as well.........thanks Dow is this another example of
living better thru chemistry..........."
For other Citizen comments, see the Citizen
page. To submit yours, send an email to forum@trwnews.net
. Or sign in to our on-line forum
share/comment you views with others.
10/30/03 Michigan
Court of Appeals refuses to hear Dow's Medical Monitoring appeal
10/29/03 Michigan
Court of Appeals refuses to hear Dow's Medical Monitoring appeal
Breaking news, details to follow. Reliable sources indicate that
the Michigan Court of Appeals has refused to hear Dow's appeal on Medical Monitoring.
Click
here for Plaintiff's response to Dow's appeal. Additional information on the the
lawsuit can be found on the Court Activity page .
10/28/03 Class
Certification decision delayed until January 27, 2004
Saginaw County Circuit Court Judge Leopold
Borrello agreed to give both sides an extra six weeks to review discovery information in
the case. Dow Spokesman Scot Wheeler says they are happy with the move. Attorney for the
Tittabawassee flood plain residents against Dow, Jan Helder says its the best thing for
all involved at this point to make sure the judge makes the right moves in the case.
Local media summaries: Midland
Daily NewsSaginaw NewsWSGW 790 Newsradio
10/28/03 Cancer
Risk; Re-analysis of data finds no evidence of dioxin cancer threshold
In other words, there is no level below which one can say dioxin is safe.
Click here for
details
TRW Note: this information presented to demonstrate that contrary to Dow propaganda,
research is continuing into the health effects of dioxin and the results indicate harm to
humans. For other examples of human research from around the world that is outside
the Dow sphere of influence, click here. For a
list of 100's of relevant research references, click here
10/25/03 Dow Midland
SOW proposal "Business as usual"
A Midland residents comments to the MDEQ on the Midland SOW with a historical perspective
of Dow's dismal performance in protecting the citizens of Midland.
"CLEAN IT UP DOW. Continued delays mean continued exposure for
Midland
residents. Local Dow cheerleaders should not be allowed to decide the future of our
children. This is a public health issue, not a popularity contest."
Click here for
the details
10/23/03 New study
shows significant increase in risk of Soft Tissue Sarcoma due to dioxin
Risk of soft tissue sarcomas and residence in the neighborhood of an incinerator of
industrial wastes. Occup Environ Med (Occupational and environmental
medicine.) 2003 Sep; 60(9): 680-3
CONCLUSION: The study shows a significant increase in risk of STS associated with
residence within 2 km of an industrial waste incinerator; an aetiological role of
2,3,7,8-tetrachlorodibenzo-p-dioxin (TCDD) can be hypothesized. Click here for details
TRW Note: this information presented to demonstrate that contrary to Dow propaganda,
research is continuing into the health effects of dioxin and the results indicate harm to
humans. For other examples of human research from around the world that is outside
the Dow sphere of influence, click here. For a
list of 100's of relevant research references, click here
10/22/03 MDEQ publishes
Public Comments on DOW Scope of Work
This summary document contains the public comments received at the September 22 and 25,
2003 public meetings on the Scopes of Work (SOWs)
for Remedial Investigation for Midland area soil contamination and Tittabawassee River
sediment and flood plain soil contamination submitted by Dow to the Michigan Department of
Environmental Quality (DEQ) on August 11, 2003. In addition, it includes comments that
were made at the Community Advisory Panel (CAP) meetings that were held on July 31, 2003, September 3, 2003, and October
8, 2003, and public comments that were received via e-mail or in writing during the
comment period that ended on October 10, 2003. Comments solicited by Ms. Susan
Carrington of Dow following her overview of the SOWs at the September 3, 2003 CAP meeting
and recorded on flip
charts are denoted by: [CAP]. Other comments made during CAP meetings are denoted by:
[CAP Meeting].
Comments have been categorized by topic and are generally presented in the order of
most to least comments on a given topic. In many cases, repetitive comments were not
consolidated. Click
here for details
10/22/03 MDEQ
approves Dow Wild Game IRA Scope with stipulations
Staff of the Department of Environmental Quality (DEQ), Waste and
Hazardous Materials Division (WHMD), has reviewed the Work Scope for the Interim Response
Activity (IRA) of Evaluating Wild Game Taken from the Tittabawassee River Floodplain,
submitted by e-mail on October 20, 2003.
The purpose of this IRA is to determine if human consumption of wild game
taken from dioxin- and furan-contaminated areas of the Tittabawassee River flood plain is
a human health exposure pathway that requires immediate mitigation.
The above referenced Work Scope, enclosed in this letter, is approved
subject to the stipulations for approval listed. Click
here for details (pdf file)
"Of particular concern with regard to the press release was
the
statement in the Midland Daily News that "The latest effort is intended
to gain an understanding of food-chain relationships that will determine
if dioxin is being absorbed in wildlife." As noted above, there is already substantial information that
documents that dioxin is being
absorbed by wildlife. The focus of the risk assessment activities must
be to determine the extent of damage and to target remedial actions for
the greatest effect."
10/22/03 Dow
Lawsuit Plaintiff's file response to Dows' motion for appeal
The Order appealed has and will not result in the significant consequences
alleged by Dow. The discovery Dow seeks is unnecessary to the hearing on December
18, 2003; Dow has provided no legal or evidentiary support that this discovery is
needed prior to the hearing.
Visit Lawsuit Court Activity page for
more, click here
10/19/03 TRW-Lone
Tree Council Meeting/Dioxin Update
Video presentation on Dioxin Health
Effects by Dr. Birnbaum of the EPAUpdate on Community Advisory Panel and
Scope of WorkDow Lawsuit update
Future meetings and agendas
Watch for future meeting schedules on our Meeting page
10/18/03 Seveso study indicates dioxin exposure
increases breast cancer risk.
A 2002 follow-up study
of the 1976 Seveso Italy accident finds that breast
cancer risk increases significantly with higher dioxin exposures. Patients
diagnosed with breast cancer had serum TCDD levels ranging from 13 to 1960 ppt TEQ.
The EPA estimated body burden for the general
population in the USA range from 10 - 40 ppt TEQ. Research in the
EPA and the CHEJ
American Dioxin Report indicates people who live near dioxin release sites, children,
nursing infants, and people who eat fish as a main staple of their diet are likely to be
exposed to at least 3 - 10 times as much dioxin as the general populaiton. Simple
extrapolation of these numbers indicate serum TCDD levels of some floodplain residents
will be in the range of 30-400 ppt TEQ. While it's true the Seveso event exposed
people to very high levels of dioxin, the low end of the studies TCDD serum range suggests
breast cancer risks at contamination levels found in the Tittabawasse flood plain and the
city of Midland.
Do you want to wait 30 years to find out if this is true in our area? There is a
viable alternative to Dow's "risk assessment science", it's called the
"Precautionary Principle", please
read it and then get out there and promote it!. The precautionary system urges a
"better safe than sorry" approach to decisions instead of the risk assessment
method of "barging ahead until you can line up the dead
bodies". Polluting Corporations hate
the precautionary principle and are spending a lot of time & money to counteract it.
Let's help Dow find the right way to proctect the community they contaminated: Dow,
clean it up NOW!
TRW Note: this information presented to demonstrate that contrary to Dow propaganda,
research is continuing into the health effects of dioxin and the results indicate harm to
humans. For other examples of human research from around the world that is outside
the Dow sphere of influence, click here. For a
list of 100's of relevant research references, click here
10/17/03 What's the diff? Tittabawassee Vs
Woonasquatucket Rivers
The Woonasquatucket river in Rhode Island was found to be heavily
contaminated with dioxin back in 1999. Half the samples exceeded 1000 ppt
TEQ. The EPA decided to fence off all areas with more than 1000 ppt to restrict
public access to contaminated areas. IN 2001, the EPA
made a decision to excavate the contaminated soils and flood plain sediments that
where in excess of 1000 ppt TEQ dioxin. Contaminated soil is to be replaced with
clean fill and excavated soils and sediments sent to an off-site permitted facility for
treatment.
MDEQ Phase 1 & 2 sampling indicates the entire
Tittabawassee 100 year flood plain is contaminated with extremely high levels of dioxin.
Levels in local parks and residents back yards exceed the EPA's conservative
threshold of 1000 ppt TEQ (and greatly exceeds Michigan's 90 ppt TEQ cleanup level).
What do the two rivers have in common (besides unpronounceable names :-)?
Dioxin contamination at levels the EPA considers harmful to HUMAN
health.
Why is the Tittabawassee contamination any different than the Woonasquatucket?
It's NOT!
Why is the Tittabawassee river dioxin contamination perceived by some as harmless and
what is the greatest obstacle blocking cleaning it up NOW?
PowerPoint presentation by the MDEQ's ecological risk assessment contractor Dr. Hector
Galbraith at the MDEQ Community Advisory Panel 10/8/03.
Risk Summary
Furans and dioxins in sediments of Tittabawassee River pose risks to reproduction and
early life stages of piscivorous (fish eating) birds and mammals.
Risks to wildlife pervasively distributed throughout the 22 miles of the Tittabawassee
River below Midland.
Furans and dioxins in sediments of Saginaw River and Bay pose risks to reproduction and
early life stages of piscivorous (fish eating) birds and mammals
Experimental (mink feeding) and observational data (fish and bird egg contaminant data)
confirm that dioxins and furans are bioaccumlated and pose risks to wildlife
According to MDEQ's Allan Brouillet "We found them (toxins) in tissue from fish we
collected, and from eggs from the water fowl that are nesting in the area. It's not
a theoretical issue, it's a real issue. It's traveling through the food Chain"
10/04/03 Dow feels dioxin is TOXIC, a blast from
the past.
In an internal Monsanto memo dated March 17, 1965, the company's then-medical director,
Emmett Kelly -- warning his own company's scientists who would be handling a sample --
that Dow Chemical Co. feels that dioxin "is the most toxic compound they have ever
experienced." Then, two weeks later he admits in another internal memo, "very
conceivably, it can be a potent carcinogen." Click here
10/04/03 TRW on-line forum open for
business.
Click here to visit TRW's new on-line forum.
Interact with others with an interest in the Tittabawassee Flood plain dioxin
contamination. This is a trial run, your responses (or lack of) will determine
if we keep it up and running. First time users must register with a username,
you can make up an anonymous name if you wish. If you want to post something
permanently on this site, continue to send comments to forum@trwnews.net.
10/01/03 The two faces of Dow
Dow Chemical showed it's true colors today. Legal documents
filed by the company state dioxin is not a significant health risk and that
any injury, damage, or loss sustained by the flood plain residents is caused by our own
negligence, carelessness, and/or omission (page 15, Affirmative Defense, item #14).
This is the same Dow that says publicly it "remains committed
to community participation" in the remediation efforts. Sounds like Dow has
already made up it's mind on the subject. If so, why do they want to spend years
performing tests? Click here
for a summary of the event provided by the Saginaw News. Below is a press release
from the plaintiff's concerning the matter. The entire Dow response (fantasy)
can be viewed on this sites Court page, click here
See newspaper articles for information dating back to January 2002. Click here
Tittabawassee
River Watch www.trwnews.net
where
it comes from, how we interact with it
