We hear of countless environmental accidents and subsequent impacts of corporate carelessness all the time.
Here at Baird Mandalas Brockstedt & Federico, we have worked on some of the biggest environmental cases – often known as toxic torts – in the country.
Toxic torts usually involve a party negligently polluting soil and surface water, which contaminates groundwater, introduces dangerous chemicals to aquifers and wells, and exposes the community to substances that cause harm to their health, property, and community.
From pesticides to industrial waste, chemicals that may cause harm to humans and the environment are the subject of regulatory controls to prevent injury through exposure.
When controls break down, or historically poor treatment methods give way, toxic contamination of groundwater can occur.
In addition to active investigations nationwide into groundwater contamination, we are actively investigating legal claims related to AFFF (also known as firefighting foam) and Perfluoroalkyl and Polyfluoroalkyl Substances (PFAS), a group of dangerous, manmade chemicals.
This may include governmental municipalities that face costs to remediate the pollution, as well as people who have been exposed to these chemicals and have since been diagnosed with cancer or other health conditions.
Why Hire BMBFC
Our legal team has the experience to fight for the rights of victims exposed to environmental contamination.
At BMBFC, we will research the specific facts of your case to determine whether the contamination was caused by a certain individual or corporation having violated the rules or regulations governing the environment.
BMBFC will ensure that you receive the justice that you deserve.
In 2017, a Millsboro, Delaware resident reached out to BMBFC with concerns about his drinking water after he had unexpectedly received cases of bottled water from local chicken processing company Mountaire.
He realized his drinking water may not be safe and asked us to help.
This kicked off a series of events that led to a record-breaking $205 million resolution for the people of Millsboro – the largest ever for a nitrate groundwater pollution case.
To achieve this outcome, we undertook an extensive investigation into Mountaire and its waste disposal practices.
Our team included over a dozen experts to help take on Mountaire, including a hydrogeologist, wastewater management expert, economist, and environmental engineer.
Our findings were stunning and tragic: since it acquired the Millsboro plant in 2000, Mountaire had sprayed billions of gallons of highly contaminated wastewater and liquefied sludge on lands near residences.
The company knew its disposal practices were polluting Millsboro’s groundwater and air by increasing the levels of chemicals like nitrates, ammonia, and hydrogen sulfide to dangerous levels.
But they did not spend the money to fix the problem or even warn local residents.
Instead, they rapidly increased production and waste generation, further contaminating the water.
On behalf of 800 Millsboro residents who were suffering from serious health problems, our team filed a lawsuit against Mountaire on June 13, 2018.
After nearly four years of investigating and litigating, a $205 million settlement was approved on April 12, 2021.
The historic settlement includes $120 for necessary plant upgrades at Mountaire’s facilities, $20 million for ongoing maintenance, and $65 million for direct compensation to those affected.
Most importantly, the settlement will provide this region and its residents the resources to repair the damage caused by Mountaire, restore its environment, and once again live in a safe community.
Camp Lejeune is a United States Marine Corps Base Camp in Jacksonville, North Carolina, that is now known to be the site of an environmental and public health disaster.
For over three decades, beginning in the 1950s, chemicals from leaking underground storage tanks, industrial area spills, improper waste disposal, and a nearby dry cleaner contaminated the drinking water at Camp Lejeune with toxic chemicals.
Anyone who served, lived, or worked at Camp Lejeune between 1953-1987 may have been exposed to dangerous chemicals linked to serious illnesses such as cancer.
On August 2nd, 2022, the PACT Act passed Congress, granting veterans and their families the right to seek justice for health conditions caused by toxic water contamination at Camp Lejeune.
We have an experienced environmental litigation team with a proven track record of achieving justice for families and communities ravaged by the health impacts of toxic contamination.
We are here to listen, guide, and lead clients through these cases, never losing sight of the benefit we are hired to achieve.
At BMBFC, we are focused on achieving justice on behalf of veterans and their families who were harmed while serving our country, and we are proud to offer the direct personal attention of our attorneys with a highly individualized focus on your matters.
What sets us apart is a team of lawyers with significant experience fighting for communities that have been ravaged by water contamination.
Our team – comprised of experts in the environment, water, engineering, and health fields – has gotten justice for families and communities who live every day with the health impacts of toxic contamination.
Learn more about Camp Lejeune here.
New Indy paper mill, which is owned by The Kraft Group and Schwarz Partners LP, pivoted its production from white paper to containerboard.
This change to how the mill processes waste is also believed to have been made to increase profits.
By-products that used to be sent to an incinerator are now sent to outdoor lagoons, which allow hydrogen sulfide and other pollutants behind the smell to evaporate into the air.
New Indy’s change in an operation led to harmful emissions being released into the air contaminating both the air and groundwater in surrounding communities.
The emissions created a foul-smelling odor and numerous health problems for over a million residents who live near the plant.
On May 18, 2021, we alongside our co-counsel filed a putative class action lawsuit on behalf of local residents to put an end to the pollution.
On December 8, 2021, the court-appointed Chase T. Brockstedt and Philip C. Federico of Baird Mandalas Brockstedt & Federico as part of the group that will serve as interim co-lead class counsel.
On August 5, 2022, United States District Court for the District of South Carolina, Judge Sherri Lydon denied New-Indy’s motion to dismiss on plaintiff’s nuisance claim and negligence, gross negligence, and willful conduct claim, allowing the litigation to move forward.
Learn more about New Indy class action here.
AFFF has historically been used during fire protection, training, and response activities against flammable liquid fires.
3M Company and other companies have manufactured, marketed, or sold AFFF containing the “forever chemicals” PFOA and PFOS since the 1960s.
Once released into the environment, PFOA and PFOS are non-biodegradable and seep into the ground contaminating the surface water, soil, sediment, and groundwater.
The team at Baird Mandalas Brockstedt Federico & Cardia, LLC represents Charleston County Aviation Authority (CCAA), the governing body of three South Carolina airports including Charleston International Airport, who filed a lawsuit against 3M Company, E. I. DuPont De Nemours, and Company, and others for the contamination of the groundwater on their properties due to the manufacturing and use of Aqueous Film Forming Foam (AFFF) containing the harmful chemicals perfluorooctanoic acid (PFOA) and perfluorooctane sulfonic acid (PFOS).
Extended exposure to these chemicals has been linked to numerous health and safety complications, including cancer.
The lawsuit, which is the first of its kind to be filed by a South Carolina entity, was filed in the U.S. District Court of South Carolina, Charleston Division.
We are seeking damages for 3M Company and others’ defective design of PFOA, PFOS, and AFFF containing these chemicals, their failure to warn the public of the dangers of their products, and the nuisance created by the chemical contaminating the properties where it was used.
Read this Post & Courier Article to learn more.