Lawyers begin probe of PCB

Texas-based lawyers began their investigation in Tanapag over the weekend in connection with the planned lawsuit against federal officials who may be held responsible for the polychlorinated biphenyl (PCB) contamination in the northern coastal village in Saipan.

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, lawyers Charles S. Siegel and Andy Waters said they may have a stronger case in proving that PCB contamination in the village has caused learning disability among children.

“We will not file a lawsuit that does not have any sound basis factually and legally. There are so many pieces of the puzzle that we have yet to put together. We know that the federal government was careless but proving damages as a result of the careless action that satisfy the legal standard in today’s court is what we’re investigating,” said Mr. Siegel.

Experiments conducted in animals show that PCBs have caused cancer as well as affected the immune, reproductive, nervous and endocrine systems. While similar effects in humans cannot yet be clearly proven, the suggestive evidence provides an additional basis for public health concern about PCB exposure.

“Our hope is the possible damage caused by PCB on the learning abilities of children. The evidence there may be stronger. But all still depends on the results of the investigation as we are looking at all possibilities,” said Mr. Waters.

As some people in the village have already died of cancer which residents suspect were related to PCB exposure, Mr. Waters said there may not be enough evidence to prove such. He said they will also look at the PCB contamination in the groundwater.

The U.S. Environmental Protection Agency has gathered samples from soil, groundwater, sediment, drainage areas, food items consumed in the village, fish, and land crabs last week to determine the toxic chemical’s potential risks to public health and the environment. EPA Region 9 officials expect the results to come out in August of this year. (See related story on Page 9)

At the same time, a group of local doctors will begin today the health examination including blood testings to find out the PCB level among residents. Some 3,000 people are expected to avail of the medical screening which has long been overdue.

“This case is time consuming, challenging and expensive. We are prepared to fight this type of battles because this is what we do for a living. But we will not raise people’s hopes for nothing,” said Mr. Siegel.

Aside from the PCB, the lawyers will also be looking at dioxin contamination in the village, a more toxic chemical which also apparently spread in the village after some PCBs were burned.

“It is not enough to say that the people have been harmed. There has to be some scientific proof that they have been harmed or are being harmed. We do not want to get involved in a case that has only 15 percent chance of winning,” said Mr. Waters.

The lawyers have had experience in handling similar environmental cases one of which was the $20 million case filed by banana plantation workers from Central America and the Philippines where four multinational companies, Shell, Occidental, Chiquita and Del Monte, have agreed to an amicable settlement except DOLE.

The lawyers argued that the pesticide (DBCP) used caused sterility among the plantation workers, a fact which was not disputed by the companies.

PCB contamination in the village began when an undetermined number of PCB ceramic capacitors were shipped to Saipan in the 1960s. These capacitors were purchased by the U.S. Department of Defense and used on Kwajalein Atoll as part of the Nike Zeus missile radar system.

An assessment report made in November 1988 showed that the EPA national office recommended evacuation of villagers in Tanapag considering the hazardous effects of the toxic chemical.

This was supported by Chemical Manufacturers Association based in Washington which also suggested the destruction of livestock at that time due to the carcinogenic effects of PCB.