32 ELR 20826 -- Maine People's Alliance v. Holtrachem Manufacturing Co.

Maine People's Alliance v. Holtrachem Manufacturing Co.

No. 00-69-B-C (211 F. Supp. 2d 237) (UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MAINE July 29, 2002)

ELR Digest

The court holds that the former owner of a chemical manufacturing facility must fund an independent study to determine if mercury remediation downriver from the facility is required, and if so, the precise content of the appropriate remediation plan. The court first holds that based on the testimony and evidence offered at trial, the presence of mercury downriver from the facility, resulting from the facility's activities, may present an imminent and substantial endangerment to public health and the environment. The evidence clearly demonstrates that mercury levels are elevated in the river's downriver sediments and that the mercury is bioavailable, entering biota, and biomagnifying throughout the food web. As a result, dangerously high levels of mercury may be present in fish and other seafood consumed by the public and may present an imminent and substantial endangerment to the environment. The former owner is therefore liable for the cost of undertaking a scientific study of mercury contamination downriver from the facility. The court additionally holds that the environmental groups that brought suit against the owner have standing. The individual members of the group suffered actual injury that is fairly traceable to the owner's conduct and may be redressed by an independent river study and remediation.

The full text of this decision is available from ELR (34 pp., ELR Order No. L-550).

Counsel for Plaintiffs
Robert M. Hayes
Moon, Moss, McGill, Hayes & Shapiro
10 Free St., Portland ME 04112
(207) 775-6001

Counsel for Defendants
Michael Kaplan
Preti, Flaherty, Beliveau, Pachios & Haley
One City Center, Portland ME 04101
(207) 791-3000

[OPINION OMITTED BY PUBLISHER IN ORIGINAL SOURCE]