Wood
treatment case settled
The longest ever legal case in Germany on an environmental
issue has just been settled out of court after proceedings lasting more than
twelve years. The Frankfurt District Court's Environmental Crimes Division
imposed a financial penalty on the defendants in the 'wood preservative
case'.
The two accused were
managing directors of the firm Desowag, and were each ordered to pay DM100,000
(US $170,000) to a charitable environmental organisation. In addition, the
company and its former major shareholders, the chemical firms Bayer and Solvay
have between them to pay DM 4 million (US $ 6.8 million) for research into the
effects of household poisons on human health. The money will be used to endow a
chair at the University of Giessen.
Previous actions had
been annulled on procedural grounds. Both the defendants were in poor health.
The plaintiffs, who claimed serious adverse health effects as a result of
exposure to wood preservative made by the defendants and containing PCP and
lindane, did not receive any award in the end, although they have the option to
pursue claims for damages in the civil courts if they still have the stamina.
None of the
non-governmental organisations following the case-the group Coordinated Action
Against Danger from Bayer Products, and Support Group for Victims of Wood
Preservative, and the Federal Union for Consumers Interests-were pleased with
the outcome. The first-named group continues to press for liability to be
established against the defendant company and its directors, and for
compensation to those exposed and estimates that the cost of detoxification of
dwellings will be more than DM300 million (US $500 million).
Pesticide
Action Network, Pestizid-Brief 1/97.
Carbofuran
kills migratory birds
Marvin Allison and Richard Meeham were each
charged in US District Court in Little Rock Arkansas on 21 March with using a
pesticide in a manner inconsistent with its labelling in violation of the
Federal Insecticide, Fungicide and Rodenticide Act (FIFRA). They were also
charged with unlawfully killing migratory birds under the Migratory Bird and
Treaty Act (MBTA). Allison and Meehan both allegedly applied the pesticide
Furadan (carbofuran) to their rice crops in order to kill migratory birds. The
applications resulted in the death of several hundreds of birds. Both men face a
maximum of one year in prison and a US $100,000 fine for the FIFRA violation and
six months in jail and $5,000 for the MBTA violation
US
EPA, 4/4/97.
Swimming
pool poisoning
The San Francisco County Agricultural
Commissioner has fined the city's Parks and Recreational Department US $4,000
for a November 1995 chlorine gas leak that made more than 20 people ill.
The leak occurred when a worker was repairing the pool's
chlorination system. While he was working on the equipment, the chlorine gas was
vented outside the building. The vent was next to an open door and the gas
drifted into the pool building, exposing staff and swimmers inside, many of whom
subsequently required emergency hospital treatment. Although the word
'pesticide' is often incorrectly associated with 'insecticides', it is
an umbrella term which also includes disinfectants such as chlorine.
CalEPA, 6/3/97.
[This
article first appeared in Pesticides News No. 36,
June 1997, page 21]