Monday, November 17, 2014

TEXAS JURY FINDS INTERNATIONAL PAPER NOT LIABLE FOR CONTAMINATING SAN JACINTO RIVER

By TONI ELLINGTON

On Friday, November 13, 2014, a jury in Harris County, Texas found International Paper, Inc. not responsible for polluting the San Jacinto River with toxic dioxin-laden sludge.  Harris County had filed an environmental enforcement suit against International Paper, Waste Management, and McGinnes Industrial Maintenance Corporation, seeking $3 billion in fines for the contamination.  

Paper mill waste was buried in pits in east Harris County in the 1960s.  That waste has leaked into the river, releasing dioxins into the river for decades.  The San Jacinto River is considered to be one of the most polluted waterways in the United States.

The mill waste was produced by International Paper and McGinnes, which previously owned and operated the site.  Prior to trial, Waste Management and McGinnes reached a settlement with Harris County for $29.2 million in damages.  

According to reports on the trial, the jury was not presented with key evidence of environmental harm, due to strict Texas evidentiary rules and certain evidence rulings by the court.  Specifically, the jury did not hear evidence on the dangers of dioxins, or evidence on scientific fingerprinting showing that dioxin contamination in Galveston Bay can be connected to the waste pits.  Residents in the area claim that the contamination has caused a decrease in their property values.  Also, nearby residents claim to suffer from dioxin-related illnesses.

Despite the ruling at the state level, the U.S. EPA has the power to develop remediation requirements for the area.

For more information, contact Toni Ellington at (504) 599-8500.

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