Meeting sought with AGO
Irked by the apparent lack of interest by the Attorney General’s Office to begin working on a possible lawsuit in connection with the polychlorinated biphenyl contamination in Tanapag village, Rep. Dino M. Jones has asked Attorney General Herb Soll for a meeting on July 31 to discuss the issue.
Mr. Jones, chair of the House Committee on Natural Resources, Judicial and Governmental Relations, said it has been over a month since he sent a letter to Mr. Soll but has not responded since then. During a meeting with Gov. Pedro P. Tenorio early in June, Mr. Jones noted that Mr. Soll promised to keep him informed about the progress on the toxic waste problem in Tanapag and efforts to retain outside counsel to assist in recovering losses suffered by the Commonwealth.
A House Joint Resolution was even passed directing legal counsel Stephen Mackenzie to work with the AGO in identifying the losses incurred by the CNMI as a result of PCB contamination in Tanapag and seeking recovery for the same.
Mr. Jones said the lack of communication is “a serious matter, and counter to the cooperative spirit that the House has developed with the executive branch of the government.”
Texas-based lawyers Charles Siegel and Andrew Waters earlier visited the island and met with the local people to explain the legal issues surrounding the PCB contamination in the community. Since the two lawyers have expressed willingness to assist the Commonwealth on a contingency fee basis, Mr. Jones asked the AGO to give their offer serious consideration.
Both Mr. Siegel and Mr. Waters have made preliminary investigation in Tanapag in connection with the planned lawsuit against manufacturer of PCB and federal officials.
With the absence of scientific study to prove the effect of PCB on humans, the lawyers face an uphill battle to prove that negligence of federal authorities have caused damage to public health.
However, the lawyers said they may have a stronger case in proving that PCB contamination in the village has caused learning disability among children.
Experiments conducted in animals show that PCBs have caused cancer as well as affected the immune, reproductive, nervous and endocrine systems. While similar effects on humans cannot yet be clearly proven, the suggestive evidence provides an additional basis for public health concern about PCB exposure.
The U.S. Environmental Protection Agency is set to reveal next month the results of testings conducted on samples in soil, groundwater, sediment, drainage areas, food items consumed in the village, fish, and land crabs to determine the toxic chemical’s potential risks to public health and the environment.
Likewise, the Department of Public Health has been receiving results of the health examination including blood testings that will determine the PCB level among village residents.