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Mohawks File Lawsuit against Companies for River Contamination

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Case ID: 4572 | Environmental | 12/12/2005

More than 40 Mohawks filed a class action lawsuit in late November against General Motors Corp. and Alcoa Inc., who claim for years have dumped polychlorinated biphenyls, or PCBs, into the river that flows through their territory.

The 44 named plaintiffs are all residents of Akwesasne, a reservation that straddles the U.S.-Canada border in northern New York state. The men, women and children named in the suit allege that they've suffered disease, illness or other ailments caused primarily by consuming fish contaminated with PCBs.

''The negligent dumping of PCBs by General Motors and Alcoa has created an environmental and public health nightmare for people living at Akwesasne,'' said the lead attorney for the plaintiffs. ''This lawsuit seeks to force these companies to compensate the victims of their conduct.''

The suit alleges that since as early as the 1960s, three different factory sites dumped PCBs directly or indirectly into the St. Lawrence River, which runs downstream from them and through the Akwesasne reservation.

According to the lawsuit, GM has a plant in Massena, N.Y. which is used primarily for building engine parts. Additionally, Alcoa, an aluminum manufacturing company, has two factory sites in Massena, New York- one of which was acquired when they bought out Reynolds Metal Co. in 2000.

Additionally, both defendants have been dumping PCBs into the St. Lawrence and surrounding waters for years. The Mohawks, it alleges, have suffered in a variety of ways, from thyroid problems and cancer to learning disabilities and reproductive problems. Diabetes is also a common disease in Akwesasne and, according to the suit, can be linked to PCBs in some instances.

''PCBs are listed by the U.S Environmental Protection Agency and the International Agency for Research of Cancer as a probable human carcinogen,'' reads the complaint, filed in the U.S. District Court for the Northern District of New York. ''This classification means that there is sufficient evidence to show that PCBs cause cancer in animals and that there is evidence that PCBs cause cancer in humans.''

The information in the complaint further claims PCBs cause changes in hormonal levels, particularly estrogen, and that maternal exposure to PCBs can allegedly lead to a decreased gestational age and reduced birth weight of the infant.

''As a result of their exposure to PCBs, Mohawks residing at Akwesasne are at an increased risk of a variety of adverse health effects associated with such exposure,'' read the suit, which named dozens of such medical conditions and problems.

Some rare cancers, said the lawyer for the plaintiffs, are known to be caused by PCBs. Liver cancer, for one, killed one Mohawk, who is represented by a family member in the suit.

Most of the plaintiffs in the suit were exposed to PCBs by eating fish from the local waters, said Amato. However, he said, studies have shown that breast milk may become contaminated, affecting infants. The effects can also be passed from mother to infant during pregnancy.

The plaintiffs are seeking compensatory and punitive damages, along with the establishment of a trust fund to pay for any future medical costs incurred by Mohawks who develop medical problems later on.

The first official appearance will be in March 2006, and further dates will be set at that time.


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