Gary Davis and Jeff Friedman (of Friedman Dazzio) led the trial team in securing a jury verdict against Jacobs Engineering Group, Inc., in the four-week Phase I trial for 70 coal ash cleanup workers sickened by their exposure to the 5.4 million cubic yards of coal fly ash released by TVA at the Kingston Plant in December 2008. The U.S. District Court for the Eastern District of Tennessee jury found Jacobs negligent for failing to protect the workers from exposure to the fly ash and found that exposure to coal fly ash can cause 10 different diseases suffered by the workers, including lung cancer and leukemia. Phase II of the trial will be for specific causation, compensatory damages, and punitive damages.
Plaintiffs proved that Jacobs deliberately manipulated or tampered with personal air monitoring results; did not inform TVA safety officials of repeated complaints regarding health problems due to fly ash; failed to comply with the provisions of the safety and health plan with respect to the voluntary use of dust masks; threatened workers when they asked for dust masks or respirators; communicated to workers that fly ash was safe to consume; and otherwise failed to train or warn workers about the dangers of excessive fly-ash exposure. Davis and Friedman were also the lead counsel in the successful 2011 bench trial against TVA on behalf of property owners in the vicinity of the coal fly ash disaster site. That liability judgment resulted in a $27.8 million settlement for the property owners.
See the link for news about the jury verdict: https://www.knoxnews.com/story/news/crime/2018/11/07/verdict-reached-favor-sickened-workers-coal-ash-cleanup-lawsuit/1917514002/
Davis & Whitlock, P.C. is pleased to announce that Katherine Van Marter has joined the firm as an associate attorney in the firm’s plaintiff’s environmental litigation practice. Katherine is a 2016 graduate of Tulane University Law School, where she earned a Juris Doctor, a certification in Environmental Law, as well as a Masters of Science in International Development. After completion of law school, Katherine spent two years working closely with the Louisiana environmental community as a Senior Research Fellow at the Tulane Institute on Water Resources Law & Policy. Katherine is excited to relocate to the mountains of western North Carolina and further her career as an environmental attorney with Davis & Whitlock.
On November 17, 2017, the United States District Court for the Southern District of Florida – for a second time – denied a Motion to Dismiss filed by defendant Florida Power & Light Company in a federal Clean Water Act citizen suit filed by Davis & Whitlock on behalf of the Southern Alliance for Clean Energy (SACE), the Tropical Audubon Society, and Friends of the Everglades.
The Plaintiffs brought the lawsuit to address past and ongoing illegal discharges of pollutants, including radioactive tritium, from the unlined cooling canal system at FPL’s Turkey Point Nuclear Power Plant near Miami into the Biscayne Bay and the Biscayne Aquifer. These discharges are in violation of FPL’s National Pollutant Discharge Elimination System (NPDES) Permit issued under the Clean Water Act, and moreover threaten the Outstanding National Resource Waters of the Biscayne Bay and the Biscayne Aquifer, the water supply for Miami-Dade County and the Florida Keys.
FPL’s novel argument that Plaintiffs lacked standing to challenge its illegal, ongoing discharges of pollutants was first denied by U.S. Magistrate Judge Alicia Otazo-Reyes in a Report and Recommendation filed on September 20, 2017. FPL objected to Magistrate Judge Otazo-Reyes’ Report and Recommendation; however, after hearing arguments of the parties on November 16, 2017, District Judge Darrin P. Gayles took little more than a day to Affirm and Adopt the Magistrate Judge’s Report and Recommendation and to deny FPL’s motion to dismiss.
FPL is also concurrently asking its ratepayers to pay over $200 million in costs relating to its attempts to clean-up the groundwater contamination in the Biscayne Aquifer discussed above.
Davis & Whitlock has prevailed on appeal to the Fourth Circuit Court of Appeals and obtained the reversal of a 2016 decision of the District Court for the Western District of North Carolina. The case involves four threatened grizzly bears who are confined to two tiny, virtually barren and archaic concrete pits at the Cherokee Bear Zoo in Cherokee, North Carolina. Davis & Whitlock, on behalf of two enrolled members of the Eastern Band of Cherokee Indians, brought suit against this roadside zoo in 2013, alleging that such treatment constituted the unlawful “take” of these protected grizzly bears in violation of the federal Endangered Species Act. On appeal, in a published opinion, the Fourth Circuit agreed with Davis & Whitlock and held that the District Court’s interpretation of the regulatory definition of “harass” under the Act – and specifically the definition’s exception for captive held wildlife – was legally incorrect, and vacated the District Court’s decision and remanded the case to the District Court for further proceedings consistent with its opinion. This is a landmark decision, not only for the potential it presents for a better future for these four grizzly bears, but also because it is the first time a Circuit Court of Appeals has applied Section 9 of the Endangered Species Act to protected wildlife held in captivity. On behalf of our clients, we look forward to taking the next steps to ensure that these four bears are removed from these outdated pit enclosures and are allowed to live out the rest of their lives in an appropriate natural habitat with meaningful environmental enrichment.