People in the small northern Nevada town of Yerington have won a big court victory in the form of a ruling that allows a class action lawsuit over severe contamination from an old Anaconda copper mine to move forward.

This is major news for beleaguered residents, who have been fighting for years—with little success—to have the abandoned mine cleaned up. As a co-counsel in the class action litigation, I’m gratified residents who have suffered and waited so long for justice will finally get their day in court.

Defendants have known for the last three decades of hazards posed by waste storage at the former mine site.  In failing to properly remediate the waste, they have consciously disregarded the rights and safety of their neighbors.  It was not until 2009 that EPA informed the public that uranium had escaped from the mine site and was polluting the ground and drinking water of Yerington residents.

The suit against Atlantic Richfield Co. and its parent BP America Inc. seeks to require these companies to clean up the contamination, to provide needed medical help to the affected residents, and to provide the residents financial relief for loss they have experienced due to plummeting property values.

U.S. District Judge Robert Jones ruled February 13 that the case can move forward, and he set a tentative trial date of June 18, 2013.  The ruling was seen as a major victory by plaintiffs’ counsel since it ensures that the case will keep actively moving forward in a timely manner.

More than 75% of the wells located within two miles north of the mine and tested since 2010 have registered dangerous levels of uranium, arsenic, or both.  Well water is the sole source of drinking water for most residents, but according to the EPA, it is unsafe to drink any water from these wells contaminated with arsenic and uranium.  In fact, BP has been providing bottled water since 2004 to hundreds of residents whose wells contain dangerously high concentrations of uranium.

Generations of Yerington residents have grown up drinking water and inhaling air poisoned by chemicals known to cause cancer, organ failure, and neurological problems. After decades of environmental neglect and cleanup delays, it’s time polluters take responsibility for their actions and clean up their mess and provide medical and financial help to the residents of Yerington.

 

 

Leah K. Barron is an associate focusing her practice on environmental and toxic tort litigation. Ms. Barron has worked for several non–profit environmental organizations and graduated from Harvard Law School. READ FULL BIO