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  • From: "Tradingpost" <tradingpost@lobo.net>
  • To: livingontheland@lists.ibiblio.org
  • Subject: Re: [Livingontheland] Cattle and toxic fumes
  • Date: Thu, 03 Apr 2008 20:08:56 -0600


The problem that jumps out is they shouldn't have tried to sue under
government regulations for dairies. So many of them have documented physical
symptoms that it should have been a simple tort - for personal damage.

paul tradingpost@lobo.net

*********** REPLY SEPARATOR ***********

On 4/3/2008 at 5:57 PM su do wrote:

>Frustrated, the neighbors tried the legal arena,
>banding together to
>file a citizen's lawsuit alleging violations of the
>Clean Water Act, the
>Resource Conservation and Recovery Act, Rivers and
>Harbors Act, and the
>New York State Environmental Conservation Law. Suing
>Willet were Karen
>Strecker; Fred Coon and his late wife Pearl Coon;
>Connie Mather and her
>husband Scott Mather; and three other neighbors, Karen
>and Kenneth
>Keppel and Dale Mangan, according to legal documents.
>
>After five years of litigation, the case was dismissed
>in July. Their
>attorney is Gary Abraham, a T-shirt-wearing
>environmentalist who works
>out of a room in his house in Allegany, N.Y., and who
>took the case at
>his own expense. Willet Dairy was represented by
>attorney David Cook of
>the firm Nixon Peabody L.L.P., a 700-attorney
>powerhouse with offices in
>17 cities, including Rochester and Shanghai, China.
>
>Judge Frederick J. Scullin Jr. of the Northern
>District of New York
>dismissed the suit, ruling in Willet's favor that the
>farm's neighbors
>did not have the legal authority to bring an
>enforcement action. This
>leaves the door open for the neighbors to try again in
>another jurisdiction.
>
>Abraham is challenging the court decision in the U.S.
>Court of Appeals
>for the Second Judicial Circuit. Both Abraham and Cook
>have filed
>briefs; oral arguments are expected to begin in May.
>
>Abraham said he is optimistic, bolstered by a Jan. 15
>decision by a
>Michigan appellate court reaffirming the power of
>citizen suits to
>enforce Clean Water Act violations.
>






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