Lawyers, Tanapag residents discuss lawsuit

It was a frank discussion on what the Tanapag residents will face when they decide to file the class action suit seeking damages for the destruction of environment and public health against federal agencies and private companies responsible for the polychlorinated biphenyl contamination in their village.

Lawyer Charles S. Siegel explained to the villagers their legal rights, the legal procedure and challenges they will face should they decide to file the case. He said the case may have to be filed before the federal court in Saipan.

Mr. Siegel and his companion Andy Waters are Texas-based lawyers came here to investigate the PCB contamination in the village after they were contacted by House legal counsel Steve Mackenzie. They have had experience in handling environmental and health cases related to toxic chemicals poisoning.

“We are tired of planning for a cleanup. No amount of money can pay for the damages they have done to the environment and the people’s health but this lawsuit is the only way the federal authorities can be held responsible for their negligence,” said Juan Tenorio, chairman of the Tanapag PCB Committee.

Since no scientific researches have proven the effect of PCB on humans, Mr. Siegel admitted that it will be a tough job to pursue the case. “We are still in the investigative stage. We don’t want to give false hopes,” he said.

Proving the negligence of federal authorities is very easy since they have already admitted their failure to immediately remediate the contaminated areas and the delay in the cleanup of Cemetery 2 which up to now has high level of PCB contamination.

Amid conservative judges and judicial decisions, the lawyers have to prove that the disease they have or the condition they are in was a result of exposure to PCB. This is of course difficult since only experiments conducted in animals show that PCBs have 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.

Despite the possible difficulty they will face in pursuing the case, Rep. Dino Jones said he believes the Tanapag residents should all seek damages for the destruction of their property and lost of people’s lives.

“It is very sad because there is no known cure for PCB [exposure] even if we submit to health screening. It is better to file this case than not do anything at all,” he said.