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Baron & Budd Prevails in Case Against Manufacturers of Atrazine

enarh — Mon, 25 Aug 2008 09:21:19 -0700

Release Date

August 25, 2008

Summary

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DALLAS, Texas (August 25, 2008) Scott Summy of Baron & Budd, as co-lead counsel, and Steve Tillery of Korein Tillery have won a major legal battle in what will most likely become a harbinger of detection and clean-up of America's public water supply. Summy and Tillery are representing a public drinking water provider in Illinois whose water supplies are contaminated with the herbicide Atrazine. This is one of the first cases of its kind in the United States.

The legal battle took place after the six chemical manufacturers of Atrazine attempted twice to have the lawsuit dismissed at an early stage–moves that Scott Summy termed "delay tactics that threaten America's water supply." The July 7, 2008 ruling by Madison County Circuit Court Judge Daniel Stack allows the lawsuit to proceed after finding that the water providers had sufficient facts to show that the manufacturers had knowledge of the possible harm of the chemical.

Atrazine is a widely-used agricultural chemical that is commonly applied to crops in the United States to control weeds. Despite the threat of water contamination and industry knowledge of the environmental risks, approximately 77 million pounds of Atrazine are sprayed on U.S. crops each year. Some of the Atrazine migrates into surface water supplies and into wells that supply public drinking water. Approximately 1,200 public drinking water systems are currently contaminated with Atrazine and that number is expected to increase.

"Both Steve and I believe that the manufacturers should be held liable for the damage they have caused to public water supplies and the resulting cleanup costs," says Scott Summy of Baron & Budd.

The court’s ruling clears the way for the parties to proceed with discovery.

About Baron & Budd, P.C.

For more than 30 years, the Dallas-based law firm of Baron & Budd has championed the rights of people and communities harmed by corporate misconduct. With more than 50 attorneys and offices in California, Texas and Louisiana, Baron & Budd enjoys a national reputation as a leader of the plaintiffs' bar. Scott Summy, who leads the firm’s water contamination litigation section, has extensive experience in representing public water providers seeking to recover cleanup costs for drinking water contamination. The firm also represents individuals with asbestos-related mesothelioma and other diseases caused by exposure to toxic substances; government entities and whistleblowers fighting corporate fraud through qui tam and False Claims Act cases; securities investors defrauded by corporate wrongdoing; and consumers in class actions.

About Korein Tillery, L.L.C.

The Korein Tillery law firm, based on St. Louis, Missouri, represents individuals in personal injury suits involving products liability, medical malpractice, railroad and maritime claims and tobacco-related claims. The firm also handles a variety of commercial and class action claims. Like Baron & Budd, Korein Tillery has spent many years aggressively and successfully representing the firm’s clients in the courtroom.

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Scott Summy

Scott Summy interview with the Wall Street Journal

Kelly — Fri, 9 May 2008 14:52:48 -0700

Release Date

May 10, 2008

Summary

Scott Summy talks with Wall Street Journal's Heather Won Tesoriero about a landmark settlement with oil firms involving contamination of groundwater with MTBE

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Scott Summy

Wall Street Journal: Oil Firms Settle Claims In MTBE Leak Cases

admin — Mon, 12 May 2008 12:07:25 -0700

Release Date

May 8, 2008

Summary

The Wall Street Journal breaks the news of the historic $422 million water contamination settlement Baron & Budd reaches on behalf of water providers in 17 states....

Profiles to List Under

Scott Summy

URL to point to

http://online.wsj.com/article/SB121019634628174955.html

MarketWatch: Refiners to pay $422 million settlement on MTBE

admin — Mon, 12 May 2008 11:59:45 -0700

Release Date

May 8, 2008

Summary

MarketWatch, the Wall Street Journal's online publication, provided a comprehensive look at the defendants in Baron & Budd's water contamination settlement and one of the hold-outs, Exxon Mobile...

Profiles to List Under

Scott Summy

URL to point to

http://www.marketwatch.com/news/story/handful-oil-firms-pay-422/story.aspx?guid=%7B96693355-4598-48F0-BB74-7652FCB97C0F%7D&dist=hplatest

New York Times: Oil Giants to Settle Water Suit

admin — Mon, 12 May 2008 12:01:15 -0700

Release Date

May 8, 2008

Summary

The New York Times explores the legislative controversies that led to the Baron & Budd's historic MTBE settlement with the oil giants...

Profiles to List Under

Scott Summy

URL to point to

http://www.nytimes.com/2008/05/08/business/08oil.html

Newsday: Suffolk to reap millions in pollution settlement

admin — Mon, 12 May 2008 12:03:43 -0700

Release Date

May 8, 2008

Summary

Newsday focuses on MTBE contamination in Suffolk County, NY and funds won in the $422 million settlement by Baron & Budd to remedy wells....

Profiles to List Under

Scott Summy

URL to point to

http://www.newsday.com/news/local/ny-limtbe0509,0,3723864.story

San Francisco Chronicle: Big MTBE settlement to benefit California

admin — Mon, 12 May 2008 12:04:45 -0700

Release Date

May 8, 2008

Summary

The San Francisco Chronicle touts big benefits for California from Baron & Budd's MTBE settlement with oil companies and water providers...

Profiles to List Under

Scott Summy

URL to point to

http://www.sfgate.com/cgi-bin/article.cgi?f=/c/a/2008/05/09/BUEF10J8ST.DTL&feed=rss.business

MTBE Water Contamination Suit Results in Historic Settlement

admin — Wed, 7 May 2008 09:16:36 -0700

Release Date

May 7, 2008

Summary

Dallas, TX – (May 7, 2008) – Representing 153 public water providers, which includes municipalities, water agencies and private water companies, from 17 states, the national law firm of Baron & Budd, P.C. today announced the largest settlement to date with many of America’s leading oil companies over drinking water contamination caused by the gasoline additive Methyl Tertiary Butyl Ether (MTBE). The settlement stems from cases pending in a federal Multi-District Litigation (MDL) court in New York established to hear MTBE cases nationwide.

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Partial Settlement Requires Oil Companies to Pay Substantial Settlement and Treat Wells for MTBE Over the Next 30 Years

Note: The Texas Bar limits the type of information that can be electronically posted by law firms, so, for further information on this case, please contact Susan Knape or Christal Karnaze.

“Today’s landmark settlement marks a significant step toward protecting the long term viability of drinking water resources across the United States” said, Baron & Budd shareholder Scott Summy, one of the nation’s most experienced water attorneys and Co-Lead Counsel for all Plaintiffs in the MDL. “Many of these public water providers were facing federal legislation that would grant immunity to the oil companies for MTBE product liability lawsuits at the time these cases were filed. I am proud to have represented the courageous and responsible water providers and municipal governments who took this step to protect their communities.”

Settling Defendants in the case include BP Amoco, Atlantic Richfield, Chevron, ConocoPhillips, Shell, Marathon, Valero, CITGO, Sunoco, Hess, Flint Hills, El Paso Merchant Energy, and Tesoro. These companies have agreed to pay a substantial amount to the Plaintiffs to address public drinking water wells that are contaminated with MTBE. The settlement also requires the Settling Defendants to pay their share of treatment costs for wells owned or operated by the Plaintiffs that become contaminated by MTBE in the future and qualify for treatment over the next 30 years. Conspicuously absent from the settlement is Defendant ExxonMobil. ExxonMobil has refused to settle and faces the first of numerous trials over MTBE starting in September.

MTBE, which was added to gasoline at varying levels between 1979 and 2007, has leaked from underground storage tanks and contaminated nearby groundwater throughout the United States. Internal oil company documents discovered by Mr. Summy and his colleague Celeste Evangelisti demonstrated that, in the mid-1980s prior to adding MTBE to gasoline on a large scale, many of the oil companies were well aware of the problems posed by MTBE to drinking water, but failed to disclose the risk to government regulators or the public. (Communities for a Better Environment vs. Unocal Corporation). These findings led Mr. Summy to bring MTBE products liability suits across the country – a novel approach at the time.

At extremely low levels, MTBE can give drinking and bathing water the strong taste and odor of turpentine, rendering it non-potable in affected communities. A Drinking Water Advisory issued by the Environmental Protection Agency states that MTBE is a potential human carcinogen.

“No human health studies or long-term carcinogenicity studies on animals were conducted by the oil companies prior to adding MTBE to the nation’s gasoline supply,” said Baron & Budd founder Russell Budd. “The American public should not have been used as guinea pigs.”

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Large aquifer in northern Indiana is at risk for contamination

Kelly — Tue, 5 Feb 2008 07:54:14 -0800

Release Date

February 5, 2008

Summary

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Northern Indiana has a large groundwater supply. It is used heavily to supply water for the area, and for most of the people in the area, there's no alternative source for drinking water nearby. But it's not naturally protected from toxic substances released from the surface. The aquifer is 5 to 25 feet below ground level and extends as far as 400 feet below ground. The problem is the make up of the ground above the aquifer. It's sandy and porous, allowing water to run through from the surface, along with chemical spills and other contamination. Many aquifers are covered with clay, which provides some protection from contamination from the surface. Everything from septic system failure to gasoline and diesel spills threaten the quality of the groundwater. Fertilizers, insecticides and perticides are intended to remain in the soil near the surface, but the sandy soil has limited capacity to hold it, and if it becomes overburdened by heavy use of these chemicals, they will also end up in the ground water. Northern Indiana also has its share of industrial contamination.