Lawsuit states Teck released lead, zinc, mercury and other harmful chemicals into the Columbia River
SEATTLE – Senior U.S. District Court Judge, Lonny Suko, has denied a motion from Teck Mining Company (TSE: TCK) to dismiss a lawsuit alleging that the mining giant dumped hazardous chemicals and pollutants into the Columbia River for decades, leading to a host of diseases and health problems for those living downstream in the Northport, Wash., area, according to attorneys at Hagens Berman.
The judge’s order allows the suit to continue to the discovery or evidence-gathering stage on claims that Teck polluted the region and harmed class members because it was negligent in handling toxins or because its smelter operations are inherently dangerous. Judge Suko’s order denied Teck’s motion to strike the proposed class action and agreed with the plaintiffs that it was premature to reach that decision preemptively without discovery.
“We’re pleased with Judge Suko’s decision and look forward to carrying this case onward for the residents and families in the Northport area who have endured such tremendous damages to their health and their home for so long,” said Steve Berman, managing partner of Hagens Berman Sobol Shapiro. “We’ve found that these toxic pollutants have wreaked havoc to the area’s forests, crops and livestock, and have greatly impacted the health of residents in the area.”
Teck owned and operated a smelter in Trail, B.C., approximately 20 miles north of Northport, since 1896. According to the complaint filed by Hagens Berman on Dec. 20, 2013, in the United States District Court for the Eastern District of Washington, Teck has a long history of toxic discharges and emissions, which have allegedly contributed to a disproportionately high instance of disease for those living downstream of the Trail smelter.
The lawsuit alleges that many of the toxins Teck releases from its smelter, including aluminum, antimony, arsenic, cadmium, copper, lead, manganese, mercury, silica, sulfur dioxide, thallium and zinc are known to cause serious diseases including cancer, inflammatory bowel disease, neurological disease, respiratory disease and endocrinological disorders, which also have been reported at elevated levels in the Northport area.
According to the lawsuit against Teck, a health survey found that instances of Crohn’s disease and ulcerative colitis in Northport were 10 to 15 times higher than expected for a population its size. Ulcerative colitis and Crohn’s disease represent some of the most challenging diseases in all of medicine. Caused by a weakening in the gut barrier, they are regarded as incurable diseases, and patients usually require lifelong heavy medication and multiple devastating surgeries like bowel resection, proctocolectomy, ileostomy and ileal pouch-anal anastomosis. Another study indicated that area residents suffered from thyroid or endocrine disorders at six times the rate of the general population, and also found elevated rates of arthritis, cancer, brain aneurisms and Parkinson’s disease.
Hagens Berman’s complaint details the court’s findings from a related matter that Teck discharged at least 9.97 million tons of slag—a byproduct of the smelting furnaces at the Trail smelter—into the Columbia River between 1930 and 1995, with at least 8.87 million tons carried downstream. The court estimated that the slag contained at least 7.300 tons of lead and 255,000 tons of zinc.
According to the complaint, several other contaminants have been intentionally discharged by the Trail smelter into the Columbia River, including mercury, cadmium, arsenic and antimony, as well as airborne emissions of sulfur dioxide.
The lawsuit also describes multiple leaks and spills, including a major incident in 1980 that released 6,300 pounds of mercury into the Columbia River and 15 tons of sulfuric acid into the air.
The lawsuit alleges that Teck is liable for personal injuries caused by decades of releasing pollutants in the Northport area, and seeks damages to be determined at trial.
More information about the case can be found at http://www.hbsslaw.com/cases-and-investigations/cases/Teck-Mining-Company.
About Hagens Berman
Hagens Berman Sobol Shapiro LLP is a consumer-rights class-action law firm with offices in nine cities. The firm has been named to the National Law Journal’s Plaintiffs’ Hot List seven times. More about the law firm and its successes can be found at http://www.hbsslaw.com. Follow the firm for updates and news at @ClassActionLaw.
If you, a family member or friend, (living or deceased), does, or ever did, live in Northport, Washington and suffers or suffered from health issues ranging from; ulcerative colitis, Crohn’s, many types of cancers, brain tumors/aneurisms, MS, Parkinson’s, inner ear issues, migraines, etc., and you have not yet been contacted about a class action lawsuit being filed on behalf of past and present Northport residents against Teck Resources Smelter, please email firstname.lastname@example.org for more information.
Attn: Northport Residents
There has been some confusion about the upcoming soil studies taking place in Northport. There are TWO DIFFERENT STUDIES taking place. One is the UPLAND SOIL STUDY, being conducted by Teck as part of the Remedial Investigation/Feasibility study. If your property is to be sampled as part of this study, a letter was sent on May 13th that included an acknowledgement signature line to be returned to Teck in a self-addressed envelope.
The second study is the RESIDENTIAL SOIL STUDY. EPA is conducting this study with their contractors to assess potential risk of residential soil. If your property falls into the study area (which will be expanded if it is discovered that there are additional areas that need to be assessed), you should have been contacted by the EPA to set up a meeting to determine which areas of your property should be sampled. The actual sampling is planned for this summer. If you need more information about this study or you wish to be included, contact Kay Morrison (email@example.com), 206-553-8321, or toll free at 1-800-424-4372.
Lawsuit claims Teck toxins caused disease
VANCOUVER – A Washington state woman has filed a class-action lawsuit against Teck Resources (TSX:TCK.B), claiming toxic pollutants from the company’s smelter in southeastern British Columbia are to blame for her breast cancer diagnosis and other health ailments.
Barbara Anderson is a longtime resident of Northport, Wash., a small community about 30 kilometres south of Teck’s lead and zinc smelter in Trail.
The lawsuit filed in the Eastern District Court says Anderson was diagnosed with breast cancer in 2012 and inflammatory bowel disease in 2010.
“Teck negligently, carelessly and recklessly generated, handled, stored, treated, disposed of and failed to control and contain the metals and other toxic substances at the Trail smelter, resulting in the release of toxic substances and exposure of plaintiff and the proposed class,” says the claim, filed Thursday.
The smelter has been in operation under various ownership since 1896. Last year, the Vancouver-based mining giant admitted in another lawsuit brought by the Colville Confederated Tribes that effluent from the smelter polluted the Columbia River in Washington for more than a century.
The U.S. Environmental Protection Agency eventually joined that lawsuit and wants Teck to pay the estimated $1-billion cost of cleaning up the contamination.
The latest lawsuit claims that between 1930 and 1995, the smelter discharged into the Columbia River at least 9 million tonnes of slag containing zinc, lead, copper, arsenic cadmium, barium, antimony, chromium, cobalt, manganese, nickel, selenium and titanium.
“This discharge was intentional and made with knowledge that the waste slag contained metals,” says the complaint.
Teck has spent more than a billion dollars on improvements to the Trail operation. Today, the company says, metals from the smelter are lower than levels that occur naturally in the river.
The company has also spent millions remediating the area in and around Trail following decades of industry, but the company said the international border complicates the issues.
Though the discharges were meant to end in 1996, the suit claims there have been numerous unintentional releases since then, most recently in March 2011, when 350,000 litres of caustic effluent went into the river.
A 2012 study by the Washington Department of Ecology found elevated levels of lead, antimony, mercury, zinc, cadmium and arsenic in soil, lakes and wetlands downriver from the plant, the lawsuit claims.
And another study, concluded this summer by the Crohn’s and Colitis Centre at Brigham and Women’s Hospital, found that among 119 current and former residents of Northport, there were 17 cases of ulcerative colitis or Crohn’s disease — a rate 10 to 15 times higher than expected in a population of that size.
The lawsuit also says the smelter released 123 tonnes of mercury into the air from 1926 to 2005, and discharged at least 180 tonnes into the river in that time.
Complaints south of the border about the contamination from the Trail smelter surfaced as early as the 1940s, when farmers from Washington state sued Cominco, Teck’s predecessor, over air pollution. That case was eventually resolved in arbitration by the two federal governments and set a precedent for cross-border pollution law.
Anderson and potentially others who could form part of a class-action, if approved, “have suffered a personal injury as a result of Teck’s wrongful conduct in violation of federal common law, nuisance, and Washington negligence and strict liability laws,” the claim says.
The suit asks the court for a declaration that the Trail smelter is “a public nuisance and an abnormally dangerous activity.”
“Teck releases and has released hazardous and toxic substances, which create a high risk of significant harm,” it says.
“Teck has known or should have known about the potential health, safety and environmental dangers these substances pose to the public.”
The company has a duty to prevent injury, it says.
The allegations in the lawsuit have not been proven in court. Teck has yet to be served with the lawsuit and file a response with the court.
“It’s possible that this could take a long time,” Barbara Mahoney, Anderson’s lawyer, said Friday