Legal Update: 2-10-2010 BRIEF OF APPELLEES DARNEY 11-23-09.pdf (This "Brief" is directly related to the Law Court's determination on the certification of questions which the U.S. District Court has presented to the Maine Supreme Judicial Court which is sitting as the "Law Court".) A decision is pending and will be posted as soon as it is received.
LEGAL UPDATE: 8-12-2009 Dragon loses 2nd motion for Summary Judgement (in part) and granted (in part):
ORDER ON MPSJ 8-6-09.pdf
Legal Update: 1-20-2009
Interrogatories Propounded to Defendant Dragon Products and Request for Production of Documents:
2009-01-20 Plaintiffs Interrogatories to DP.pdf
2009-01-20 Plaintiffs RPD to DP.pdf
***MEDIA UPDATE 1/12/09*** Local news paper article on recent Federal Court Summary Judgement Ruling:
http://knox.villagesoup.com/Government/story.cfm?storyID=141714
***LEGAL UPDATE 1/09/2009***
DRAGON LOSES MOTION FOR SUMMARY JUDGEMENT IN U.S. FEDERAL DISTRICT COURT:
Dragon Products to pay environmental fine
Dragon Products LLC, a Thomaston cement production company, will pay a $77,470 fine for violations of the federal Clean Air Act and the Emergency Planning and Community Right-to-Know Act, according to the U.S. Environmental Protection Agency.
The EPA accused Dragon Products of failing to reduce emissions of such pollutants as arsenic, cadmium, chromium, lead, benzene, toluene, dioxins/furans, hexane, and formaldehyde. It also alleged that the company failed to file public disclosure forms for chemicals it used, including lead, nickel, polycyclic aromatic compounds, manganese compounds and nitrate compounds.
In addition to the fine, Dragon Products will spend at least $298,000 to reduce the emission of fine dust particles from its facility, the EPA said. The fine dust particles are a serious threat to human health and have been a concern in the community surrounding Dragon's facility, it said.
DRAGON'S ATTORNEY'S DROWN US WITH DOCUMENT REQUESTS FOR U.S. FEDERAL DISTRICT 2008 COURT CASE:
As our most recent case in Federal District Court moves forward so do Dragon's notorious attempts to flood us with over 90 requests for documents that they already have or have personal access to. They are also proposing some absurd interrogatory requests that have absolutely nothing to do with this litigation, (i.e.) wanting my Federal and State Tax Returns. This appears to be nothing short of some cynical ploy which Dragon has been quite good at in the past.
OUR EXPERT DESIGNATION FOR THE CURRENT 2008 CASE:
This most recent list of Expert Witnesses may very well increase with further testing, and blasting problems that we continue to have to date. However, the list is quite complete in that all who are listed show extensive knowledge and significant background educations, respectively.
/Documents/2008.06.18 Plaintiffs' Expert Witness Designations.doc
COURT RULES ON RECENT MOTIONS: Unfortunately the Maine Superior Court did not allow a continuance, nor did it allow Re-opening of our Discovery period, which leaves us with undesireable options, but the 2008 case will prove to be otherwise.
Our Attorney's 2008 Motion to Continue Trial and Re-open Discovery:
*Important Note: Dragon, or Dragon's Attorney's previously asserted that many of the documents we sought did not exist (see page 2 bold print and page 3 footnote), or simply made it impossible to "wade through" over 10,000 pages of documents on cd's, of which many were illegible, or documents that we had absolutely NO use for, and now they come up with fuel logs but not the specific one's we asked for. Dragon's attorney's have been notorious throughout this most unfortunate legal battle by playing "Discovery Games" and what I would call "dirty legal pool" from what I know, have seen, and am still seeing today. They give a new meaning to the word "Dishonest". It appears that they have deliberately misplaced documents, and I have NO reason to believe otherwise, given the chain of events leading up to this point in time. June 9th, the day of trial, and Dragon's attorney's expect that we would be able to surf through thousands of "Hand Written" documents they JUST PRODUCED THE OTHER DAY?? That is simply outrageous, and preposterous to say the least.
April 9, 2008 Letter to Clerk RE: Discovery Conference Because of Dragon's Continued Gameplaying:
Note: This particular letter gives great insight as to the "Stalling" by failing to produce the requested documents (numerous times) even after being directed or advised to do so by Officials from the Maine DEP, and discussion with the Attorney General's Office. It is amazing that Dragon has been able to pull off their stunts with the Court even with proof that they were not telling the truth about having documents we were certain existed, and turns out WE were right all along. With the exception that Dragon claims they don't have the specific "Key" documents we wanted and still want today, which is very suspicious and extremely prejudicial to force us into trial without having those very important documents, and it only reinforces the dishonest character of Dragon.
Dragon's Attorney's 5-13-08 Letter with the "Missing Console Log Dates":
Note: Our Attorney made refference to this letter in the Motion to Continue.
Dragon's Poor Excuse Oppositon to our Motion to Continue (with attached letters and dates we requested the console logs):
Our Attorney's Response to Dragon's Attorney's Objecting to Continue Trial with Supporting Documents, Letters, and Dates for the Requested Documents:
UPDATE: Local Newspaper Article: Dragon is sucking up to the Community just before Trial:
Blasting Regulations- Maine Department of Environmental Protection:
Emergency Planning and Right to Know Act: ( Plus many more useful legal requirements )
Subtitle B - Reporting Requirements: "This requires reporting of the chemical substances used by a facility or in their inventory that are deemed hazardous......" and "...requires facilities to report emissions or environmental releases to EPA and the state where located on an annual basis, of specifically listed toxic chemicals that the facility manufactures, processes, uses, or otherwise handles in excess of specificed threshold quantities."
*United Steel Workers- "Giant Cement Facing Citizen Suit, Public Hearing" January 25, 2007
(And Dragon Cement, in Thomaston Maine, is also controlled by this parent, Spanish based cement operation.)
“The USW is going to see Giant held accountable,” said USW Representative Richard Thomas. “This company cannot continue to violate federal environmental law and put our members, our families, and our community at unnecessary risk.”
"The amended complaint includes allegations of reporting violations for 11 additional toxic chemicals at Giant’s hazardous waste-burning cement plant in Harleyville."
"In May 2006 the USW initiated a citizen suit against GCHI for failing to report 6 chemicals as required by the Emergency Planning and Community Right-to-Know Act. With the addition of the new chemicals to the suit, Giant’s total potential civil liability for EPCRA violations at the Harlyville plant now exceeds $1.5 billion."
"The union is also considering filing citizen suits for extensive EPCRA violations at two GCHI facilities in other states." ******************************************************************
Giant Cement Fined $36,000 for Air Violations: http://www.usw.org/usw/program/content/3033.php "Giant was fined for failing to control particulate matter emissions that can pose serious health risks when inhaled and for failing six times to limit emissions to permit levels."
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*Lawsuit filed against "White Pigment Corp. quarry that is owned by OMYA, Inc. of Proctor,
and operated by Shelburne Limestone Corp."
"South Wallingford Couple Says
"Lidstones claim that the operation has
resulted in broken windows, cracked ceilings, walls
and foundations and they say that a pond on their
property has been contaminated.
They also claim that after some large blasts dust
envelopes their property, aggravating Phillip
Lidstone's asthma and causing health problems for
their stable of Appaloosa horses." and,
"An analysis of a dust sample taken from
the outside of the Lidstones' home turned up
"potentially toxic material such as silica and lead,"
according to Dr. Jerrold L. Abraham, a pathologist at
the State University of New York in Syracuse, who
conducted the test at the request of the Lidstones.
Silica can cause silicosis which can damage the
lungs."
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*Cement Manufacturer Environmental Problems are Wide Spread and in Great Numbers:
Quoted Text from page:
"The community of the St. Vrain Valley has experienced the reality of having a cement plant as a neighbor. We feel we are at risk from potentially toxic fugitive dust clouds, our quality of life is impacted by sloppy operations, traffic concerns, loss of well water, and noise, to name a few issues." (Empahsis Added) and it is very similar to our problems with Dragon Products Operations here in Thomaston, Maine.
******************************************************************** The dishonesty dates back to at least 1921.....
*CEMENT FIRMS SUED ON DAUGHERTY ORDER:
Including "Giant Portland Cement Company":
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*Additional Case Law Regarding Blasting Violations: Air Blast, and Failure to Properly Calibrate Seismographs:
Note: There are many similar complaints, legal topics, etc., and I will try and sort out the most relevant legal issues and past environmental suits filed against these polluters and add to this page as frequently as possible. Thanks for your patience.