Port contaminated by pesticide: Negligent operation: Soil, water pollution: Lost property value: Settlement

Law Reporter, Dec 2004

Port of Houston Auth. v. GB Biosciences Corp., Tex., Harris County 151st Jud. Dist. Ct., No. 2001-07795, Dec. 19, 2003.

Since 1946, GB Biosciences has run a plant that makes pesticides and agricultural chemicals, including DDT and Lindane. For yeara, products from the plant allegedly leaked into the soil, flowing into a nearby bayou. Property owned by the Port of Houston Authority became polluted with chemicals, resulting in lost property value, contaminated soil and water, danger to public health, and investigation expenses.

The Port of Houston Authority sued GB Biosciences, its parent company, the plant's former owners, and several others that have controlled and contributed to the operation of the plant, alleging negligence and nuisance. Suit also alleged failure to warn of the danger, strict liability for intentional discharge of hazardous substances, and malice.

The parties settled before trial for $35 million, plus a remediation plan and a $20 million indemnity against future losses associated with the pollution. Under the remediation plan, defendants will clean up the contaminated soil and groundwater, which is expected to cost over $45 million, and purchase and clean up about 100 acres of plaintiffs land.

Plaintiff's Counsel

Michael O. Connclly,

Martha T. Williams,

Debra L. Raker,

William J. Jackson, and

Micheal W. Dobbs, all of Houston, Tex.

Documents in this case are available through the Court Documents section in the back of this issue, courtesy of Ms. Baker.