Maine People's Alliance - Holtrachem Cleanup Press Release

United States First Circuit Court of Appeals rules in favor of Maine People’s Alliance citizen suit

Past owner of Holtrachem chemical plant must fund comprehensive study of mercury levels in the Penobscot River.

BANGOR—On Tuesday, December 22nd, a panel of judges in the First Circuit United States Court of Appeals ruled that Mallinckrodt, Inc., the past owner of Holtrachem, a chemical plant located on the banks of the Penobscot River in Orrington, would still be required to fund a comprehensive study of Mercury levels in the Penobscot River.

In July of 2002, the Maine People’s Alliance (MPA) and the Natural Resources Defense Council (NRDC) won a stunning victory when U.S. District Judge Gene Carter ordered Mallinckrodt Inc. to fund the cost of an independent study to determine the extent of the existing harm to the river, the need for a remediation plan, and the process for completing such a remediation plan, if any. In the fall of 2006, Mallinckrodt Inc. appealed that ruling. In a decision made on December 22nd, 2006, a panel of 3 judges decided in favor of a ruling that Mallinckrodt fund a full and independent study regarding the effects of the actions of the Holtrachem plant on the environment and health of the Penobscot River.

Adam Goode, environmental organizer for the Maine People’s Alliance, stated, “this is another case of a corporation making big profits off of a blatant disregard for the health and safety of our local community. It is an enormous victory for the citizens of Maine to know that Mallinckrodt will be responsible for funding an independent study of the Mercury levels in the Penobscot River and Bay Area”.

Nancy Galland, a resident of Stockton Springs, said “I’ve been volunteering with Maine People’s Alliance as a concerned citizen since 1997 in order to expose the truth about the dangerous levels of Mercury in the Penobscot River and to make sure that the guilty parties pay their part to clean it up. It is exciting to hear that the truth prevailed in federal court and I’m looking forward to the restoration of our river and the upper bay.”

"Mallinckrodt has been dragging their feet with appeals for more than 4 years. Active and persistent citizens have prevailed and we are looking forward to the truth about what the tons of mercury are doing to this ecosystem,” said Jesse Graham, Associate Director of the Maine People's Alliance.

Since 1988, The Maine People's Alliance has worked to ensure that the Holtrachem cleanup process move forward, with the aim of preventing significant harm to human health and the environment. In 1999, MPA and the National Resources Defense Council (NRDC) commissioned Dr. Robert Livingston, an aquatic ecologist, to collect sediment samples from the Penobscot River. The investigation revealed serious mercury contamination from Orrington all the way to upper Penobscot Bay. In 2002, joined by NRDC, MPA successfully sued Mallinckrodt, the first time an industrial polluter had been held responsible for contaminating natural resources downstream of a plant site, making it an important legal precedent. Now that the final appeals from Mallinckrodt have been defeated, MPA staff and volunteers are looking forward to a full study of the Mercury levels in the Penobscot.