There have been a number of environmental lawsuits and settlements in Alabama in the last few years that have resulted in recoveries of $1 million or more.
1. 3M lawsuit out of Decatur
a. Settlement of $98.4 million offered.
b. Basic facts
i. Wide range of chemicals (PFAS or per- polyfluoroalkyl substances) were used in the 3M plant in Decatur
ii. Used as a non-stick / stain resistant coating / grease-resistant
iii. EPA announced that long-term exposure is associated with several medical issues
1. Build up in tissue of animals and humans
iv. Pollution in the Tennessee River and land throughout Decatur and Morgan County
c. 3M also agreed to pay the entire cost to investigate groundwater at the Decatur landfill
2. Uniontown lawsuit
a. Filed by Alabama officials
b. Third lawsuit filed since 2005 regarding sewage overflows
i. Alleged that this city has been dealing with poor sewer systems for decades
c. State and ADEM filed for a declaratory judgment
i. Sought remediation to long-standing issues
d. Legal action also taken by environmental groups who had filed a formal intent to sue
i. Alleged that city had not done its part
e. US Department of Agriculture had given a $23 million grant, but this money was used elsewhere
https://www.al.com/news/2022/11/alabama-sues-uniontown-again-over-sewage-issues.html
3. Solutia Inc. and the Monsanto Company
a. $700 million settlement agreement for approximately 20,000 residents of Anniston
i. Between Solutia and EPA
b. Costs were agreed to go toward clean-up, prescription drugs and other various programs
c. Basic facts
i. Involved alleged groundwater pollution with PCBs
ii. PCB plant had been located in Anniston from 1935-1971
iii. PCBs were banned by the federal government in 1977
iv. EPA classified as a human carcinogen
https://www.nytimes.com/2003/08/21/business/700-million-settlement-in-alabama-pcb-lawsuit.html
https://www.beasleyallen.com/article/monsanto-and-solutia-sign-700-million-settlement/
4. Air pollution case in Birmingham (Dec. 2022)
a. Bluestone Coke plant v. Jefferson County Board of Health
b. Bluestone agreed to pay $1 million
c. Basic facts
i. It was alleged that the company released an excessive amount of toxins in the air
ii. This occurred near a historic Black neighborhood
iii. Reported that the company did not make necessary repairs to the facility
iv. In Aug. 2021, the Jefferson County Department of Health denied the company’s request to renew its operating permit
d. Consent decree
i. Monitor the amount of sulfur dioxide
ii. Jefferson County Health Board mandated that the company have two air monitors along the fence of the property for five years if it reopened
https://www.propublica.org/article/bluestone-jim-justice-north-birmingham-consent-decree
5. Waste Management of Alabama
a. Jury awarded a brother and sister $5 million for Waste Management contaminating their property
b. Background
i. Siblings alleged that storm runoff from the facility contaminated their adjoining property
ii. Problems have been occurring since March 1992
1. Water in pond was found to have been contaminated by a Waste Management drainage pipe
https://www.cunninghambounds.com/results/-5-1-million-verdict-against-waste-management-of/
6. Daikin America
a. US District judge ordered a $5 million payment to assist in a temporary filtration system for the Tennessee River
b. In 2016, the EPA determined that the levels of PFOS and PFOA were deemed unsafe
c. The settlement only covered the authority’s [West Morgan-East Lawrence Water Authority] claims against Daikin
7. Drummond Co. Inc.
a. Ordered by a federal judge to pay $3.65 million and clean up an abandoned site
b. Site has not been mined since 1980s, but there are allegations that there are still toxic metals seeping into the water
8. Tyson spill
a. Alabama ordered to pay $1.5 million to Walker and Cullman counties
b. Waste water spill – high levels of e.coli found by ADEM in 2019
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