Judge limits talks on dioxin between Dow, residents
Associated Press Miami Herald 11/10/03

SAGINAW, Mich. - A judge has set limits on how much Dow Chemical Co. attorneys can talk with residents along the Tittabawassee River, where high levels of dioxin have been found.

"Dow can meet with the residents as long as they don't harass them," Saginaw County Chief Circuit Judge Leopold P. Borrello told The Saginaw News on Monday.

Borrello ruled last week that Dow attorneys have no right to the medical, insurance and employment records of residents suing the company over dioxin contamination. But the Borrello has allowed Dow to go ahead and interview residents.

Dow spokesman Scot Wheeler said the Midland-based company is disappointed that residents suing the chemical giant are blocking information "vital" for a ruling in the case.

"We are pleased that the court has allowed us to interview individuals," Wheeler said. "We feel a denial of access to medical records is not only disappointing, but that it is not right or good for this case."

Dioxin is the name for a family of compounds that are the byproducts of chlorine manufacturing and other industrial processes. State testing revealed levels of dioxin along the river that reach as high as 80 times the state standards.

"It protects the right of the plaintiffs against Dow's request for irrelevant information," Gary Henry, a resident suing Dow, said of the decision. "But this does not protect residents."

The plaintiffs are suing Dow, claiming that the company released dioxins into the Tittabawassee River, which, in turn, threatens their health and land values.

Henry said residents not named in the lawsuit are at risk because of informal meetings. Dow maintains that the meetings are meant to gain input from residents, but Henry said residents who participate may expose themselves to questioning by Dow officials.

Attorneys will not attend the meetings and Dow officials will not probe into personal information. Borrello's ruling comes less than three months before he will decide whether to certify the lawsuit involving nearly 300 residents as a class action.

For additional articles like this one, go to the Tittabawasse River Watch web site www.trwnews.net for complete coverage of the Tittabawassee River Dow Chemical dioxin contamination saga. . The Newspaper / Media page of our site contains an extensive archive of media articles dating back to January 2002. The source organization's web site link is listed to the right of the article, visit often for other news in our area. The Newspaper / Media page may be accessed by scrolling down to the bottom of the CONTENTS section and clicking on the Newspaper/Media link.