Ethylene Oxide/Sterigenics Updates

Articles Posted in Environmental contamination

Partner Shawn Collins is featured in an interview in Lawyer Monthly magazine this month. Below is an excerpt from the article.

Lawyer-Monthly-headline-with-photoLeading the Charge Against America’s Biggest Polluters

Instances of harmful pollution and ecological disasters have grown unsettlingly commonplace in the US – despite environmental regulations that appear strict on paper. Why is this, and how can polluting corporations be held responsible for the damages they cause? Enter Shawn Collins, the ‘environmental lawyer for the people’. In this exclusive interview, Shawn shares a look at the work he does and the clients who come to him, as well as a glimpse into the ongoing battle to hold polluters accountable in the US.

agriculture-g318048f3a_1280-2-300x172The big pesticide companies are once again being accused of manipulating science to get what they want; this time by withholding evidence of pesticide toxicity from European Union (EU) regulators in order to get their pesticides approved. The tactic is not only unethical but is against the law. And finally, researchers are starting to shine a light on this scandal.

New research from Swedish researchers, chemist Axel Mie and toxicologist Christina Ruden, published in the journal Environmental Health reveals that several pesticide manufacturers withheld unfavorable results of toxicity tests for the developing brain from European authorities. The manufacturers–including Bayer, Syngenta, and Nissan Chemical–had conducted developmental neurotoxicity tests to win regulatory approval for their products and submitted them to the US EPA but not to the European Food Safety Authority.

The Swedish researchers discovered that 9 out of 35 developmental neurotoxicity (DNT) studies were withheld from EU regulators despite clear legal requirements to disclose them. In fact, the EU authorities did not even hear about these tests until years later. As a result, the negative studies were not considered by EU regulators during their first authorization of the nine pesticides: abamectin, ethoprophos, buprofezin, fenamidone, fenamiphos, glyphosate-trimesium, pymetrozine, pyridaben, and fluazinam. The pesticides were used on tomatoes, strawberries, potatoes, and eggplants.

The greatest enduring threat to the residents of East Palestine is contaminated groundwater. Fast remediation — and not empty political assurances — can solve the problem. 

Aerial_view_Norfolk_Southern_freight_train_derailment_Feb_2023The director of Ohio’s Department of Health sought to assure East Palestine residents of their safety by remarking that the cancer-causing solvents from the derailment now in the town are no cause for concern, because these chemicals are already “a part of our everyday life.”

What a terribly callous, ignorant, thing for a health official to say. Just because there were some carcinogens in East Palestine before the train derailment does not excuse Norfolk Southern  dumping tens of thousands of pounds more of them onto the small town.  Plus—and the director should know this—where it comes to carcinogens, there is no such thing as a safe level.  That means that every bit dumped by Norfolk adds to the town’s danger.

emissions-g955e27000_1920-300x214If you spend any time on the websites of the leading defense contractors with the U.S. Department of Defense – Lockheed Martin[1], Boeing[2], Raytheon Technologies[3], General Dynamics[4], Northrop Grumman[5] – you will notice a common theme. Each of the above corporations, and many others receiving contracts from the military budget, have a page outlining their commitment to green initiatives and sustainable environmental practices.

So, a new rule proposed by the Biden administration, the Federal Supplier Risks and Resilience Rule, that would compel defense contractors to disclose their greenhouse gas (GHG) emissions, should not stir up much controversy. After all, it is in line with the stated commitments of these defense corporations themselves. Specifically, the regulation would require:

  • Federal Contractors making between $7.5 million and $50 million (considered Significant Contractors) to report Scope 1 and Scope 2 emissions.

contaminated-tap-water-300x213Chicago has a lead problem that may rival the contamination in Flint, Michigan, according to The Guardian. The publication analyzed years of Chicago tap water tests (conducted for residents between 2016 – 2021) and discovered that 1 in 20 of the tests performed by the city showed lead levels at or above U.S. government limits. Out of 24,000 tests, 1000 had lead levels exceeding the federal standard of 15 ppb in drinking water. More than 30% of the tests had lead levels exceeding the FDA standard of 5 ppb lead for bottled water. This is extremely concerning because lead exposure is linked to a host of health effects.

Lead is a potent neurotoxin that can cause irreversible damage, which is why many health experts say there is no safe level of lead. The American Academy of Pediatricians recommends lead levels under 1ppb to protect children whose brains are particularly susceptible to the metal. Even low levels of lead have been linked to lower IQ levels, behavioral disorders, and poor reading and math performance in children. In adults, low levels of lead can cause kidney problems and high blood pressure.

The size of the problem is much greater than Chicago’s current water testing shows, however, because most homes with lead service lines in the city have not even been tested yet. In fact, Chicago has an estimated 400,000 lead pipes supplying water to city homes, more than any other city in the country. This is partly because Chicago inexplicably kept a law– requiring lead pipes be used to connect homes to the city’s water system–on the books until 1986, years after most large cities had banned them.

water-bottle-g82d7e38e6_1920-300x241We have all been told about the benefits of drinking water out of a reusable bottle. It’s convenient, better for the environment than single-use bottles, and increases your daily water intake. However, if your reusable water bottle is made out of plastic, it may be more damaging to your health than it is beneficial. In a recent study,  chemists at the University of Copenhagen discovered that tap water that gets stored in reusable plastic bottles contains hundreds and sometimes thousands of chemicals; many that are damaging to human health, and many more that have unknown toxicity.

The chemists tested three different types of popular plastic water bottles, two of which were biodegradable. The researchers stored tap water in both used and new bottles for 24 hours. Some of the bottles had been machine washed, some had not, and some had been rinsed 5 times with tap water. They then tested the water in the bottles for a variety of chemicals.

Shockingly, after just 24 hours, the researchers found hundreds of substances present in the tap water stored in the new bottles—including substances that had never been found in plastic. Worse still, they discovered THOUSANDS of substances in the water stored in bottles that had been through a dishwasher cycle. And even the tap water stored in thoroughly rinsed bottles contained a significant percentage of toxic and unknown substances. More than 400 of the substances were derived from plastic and 3500 from dishwashing soap.

Camp-lejeune-service-members-graduate-college-300x221Update, July 2022: After being passed in the House and Senate, the Honoring Our PACT Act was expected to go to President Biden’s desk for his signature, but it is currently being blocked in the Senate by Mitch McConnell and the Republicans.

After years of denials by the government, Camp LeJeune veterans and their families–who were exposed to cancer-causing toxins on the military base–may be on the brink of getting their day in court.

In a long-overdue action, the House of Representatives recently passed H.R. 3967, the Honoring Our Promise to Address Comprehensive Toxics Act (Honoring Our PACT Act), a broad bipartisan bill that addresses the needs of veterans subjected to toxic exposure. Yesterday, on June 16, 2022, the Senate passed an amended version of the Act. Importantly for Camp LeJeune veterans, this bill includes the Camp LeJeune Justice Act of 2022.

ford-2691853_1920-1-300x209Recent news reports have revealed that a benzene leak at Ford’s Assembly Plant in Flat Rock, Michigan has contaminated the sewers in a 4-square-mile—and possibly larger—area of the city. As a result of the benzene leak, the Michigan Department of Health and Human Services (MDHHS) is recommending that residents who live in the area bounded by I-75 to the east, Gibraltar Road to the north, Cahill Road to the west, and Woodruff Road south, evacuate until further notice. Initially, 10 homes and one school were evacuated, but now, because it is unclear which homes may be at risk, the MDHHS is recommending that the entire neighborhood evacuate.

Why Should Residents Evacuate?

Residents may be at risk of exposure to high levels of benzene, a volatile organic compound (VOC), which can be harmful to human health. Measurements of air in buildings and sewer lines have shown that VOC levels exceed health-protective and explosive levels.

Explosion-1-1-300x188
The Collins Law Firm, P.C. has initiated a Class Action lawsuit against Chemtool Incorporated, seeking damages for the devastating explosion that took place at their Rockton, Illinois plant on June 14, 2021.

The explosion caused a massive chemical fire that produced a gigantic cloud of harmful smoke, ash, and debris, visible from a distance of 100 miles. Eighty-nine firefighting departments were deployed to assist in battling the inferno.

Following the fire, Winnebago County officials declared a state of emergency and imposed a mandatory evacuation order for all residents residing within a one-mile radius of the plant. The affected individuals were instructed not to return to their homes, even to retrieve essential items such as medication, communication devices, or personal belongings.

Explosion-1-300x188UPDATE: The Collins Law Firm. P.C. and Miner Barnhill & Galland, P.C. have filed a class action lawsuit against Chemtool Incorporated on behalf of residents affected by the explosion and fire that caused them to be evacuated from the area.

A massive explosion and fire at the Chemtool plant, 1165 Prairie Road, in Rockton, IL, has caused huge plumes of ash and debris to blanket homes and businesses two miles and further from the plant, not only in Rockton but in South Beloit and other communities, as well.  Chemtool manufactures greases, including lithium, lithium complex,  aluminum, and clay/bentonite greases.

Along with the debris, it is likely that toxic chemicals have also been released into the air in these communities, and that residents will be inhaling them for some time to come.  Local officials have issued a mandatory evacuation order for residents living within a mile of Chemtool due to the falling ash and the potentially dangerous chemicals released in the fire. At least 1000 residents have been evacuated, along with several businesses. In addition, anyone within three miles of the plant has been advised to wear a mask for protection.

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