Articles Posted in North Carolina Environmental Law

As reported by the News & Observer, United States Federal Judge Earl Britt has issued an order allowing for payments to residents and business owners who filed claims for damages as a result of an explosion at a hazardous waste warehouse three years ago.  The payments are the result of a class action lawsuit and will result in payments of up to $750 for each household and up to $2200 for each business.  The lawyers at Hendren and Malone represented the members of the class action.

The United States Environmental Protection Agency recently has fined a Long Beach, Calif., property owner $7,952 for allegedly violating federal lead-based paint disclosure requirements at six rental properties.

During a routine inspection in 2005, the EPA discovered that residential property owner James Williams failed to disclose whether reports about lead-based paint or lead hazards existed for his apartment complex prior to tenants signing lease agreements which was in violation of the federally regulated Toxic Substances Control Act.

“This action confirms EPA’s commitment to enforcing toxic substances regulations to protect families, especially children, from potential lead-based paint hazards,” said Katherine Taylor, associate director of the EPA’s Communities and Ecosystems Division for the Pacific Southwest region. “Childhood lead poisoning from exposure to lead-based paint chips or dust continues to be an environmental challenge. Without adequate information about lead hazards, tenants and home owners cannot protect themselves and their families from the significant risks that these hazards present.”

As reported on November 4, 2009 by the Baltimore Sun, a Baltimore city jury has recently awarded more than $2.5 million to a pair of siblings who were poisoned by lead-based paint while living in a West Baltimore rowhouse that their mother had been told was “lead safe.”

Across the Neuse River, millions of fish, mostly menhaden, have died since the latter part of August, 2009.  According to some longtime observers, the fishkill is among the most severe in decades along this North Carolina river.  The Neuse River Keeper Foundation is dedicated to protecting the Neuse River and its tributaries from such environmental disasters.

On October 6, 2009, U.S. District Court Judge Earl Britt granted final approval to a $7.85 milion settlement of the evacuation claims relating to the October 5, 2006 explosion at the EQ facility in Apex, North Carolina.  The settlement provides up to $750 in compensation per household for evacuation related expenses.  These expenses would typically include any costs for lodging, food, and transportation along with any claims for inconvenience associated with the evacuation.  Businesses can recover up to $2200 as compensation for business related losses.   The settlement does not include any personal or bodily injuries caused by the incident.  The lawyers at Hendren & Malone, PLLC were part of the court-appointed Plaintiffs Management Committee that litigated this case on behalf of the citizens of Apex.  For more information regarding this settlement, go to www.apexfiresettlement.com or see the recent News & Observer article.

Following up on initial reports of an ammonia release during the explosion at the ConAgra plant in Garner, North Carolina, the Environmental Protection Agency was on scene to monitor the air.  EPA officials said there was no threat to people who live near the plant, which is located between Interstate 40 and a subdivision but mostly surrounded by large buffers of trees.

Tragically, three ConAgra employees were killed during the explosion and dozens required hospitalization.  Government reports indicate that the explosion was caused by a gas leak.  For more information, go to: http://www.wral.com/news/local/page/5334990/

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