Previously on this Blog (see, posts dated May 9, 2011 and October 28, 2011), we reported on a serious vapor intrusion problem facing Madison, Wisconsin families who live near the Madison-Kipp Corporation (“MKC”) manufacturing plant. Since our last report, additional environmental testing was conducted in the area that revealed toxic PCE vapors were present on and adjacent to numerous properties that had not previously been tested. In December, 2011 the Wisconsin DNR issued a public notice advising area residents that the PCE vapor intrusion problem is “widespread” around the MKC plant and that further testing and other response measures are necessary.
Based on this alarming new information, the lawsuit filed last October on behalf of seven area families has been amended. On January 20, 2012, The Pollution Lawyers filed an Amended Class Action Complaint asserting claims on behalf of the approximately 80 people who own or reside in homes immediately adjacent to the MKC plant. The Amended Complaint includes RCRA citizens’ suit and other claims seeking to compel MKC to comprehensively abate the PCE contamination in the area, as well as claims to recover lost property values and other damages suffered by these homeowners and residents. A request that the Court formally certify this case as a class action has already been submitted, and a ruling on that issue is expected in the next several months.
Stay tuned to this Blog for future developments.
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Named a "Top 100 Trial Lawyer" by the American Trial Lawyers Association, Shawn has forced polluters to clean up homes and neighborhoods for thousands of families, and to compensate them (over $65 million recovered so far) for the injuries to their property and health caused by the polluters' toxic chemicals.
A gifted personal injury lawyer, Ed Manzke excels in understanding the facts and law concerning how a client was injured, and in developing a legal strategy to win just compensation.
Norman Berger is a seasoned trial lawyer with a wide range of litigation and counseling experience. Concentrating primarily on business and environmental litigation, he has litigated extensively in state and federal courts nationwide.
Michael Hayes is recognized for his experience and results in environmental and class action litigation. For over a decade, he has successfully represented classes of residents in environmental property damage litigation, where he spearheads The Pollution Lawyers’ efforts on the important class certification and class settlement issues that arise in these cases.