PROVIDENCE - The U.S. District Court has made a ruling to expedite a trial on charges by North Tiverton residents that a subsidiary of the utility giant Southern Union contaminated the soil on their properties.
In a decision this week, Senior Judge Ernest C. Torres separated a trial on the claims of about 120 residents from third-party complaints by the defendant, New England Gas, which contends that others should be held liable for the pollution.
In the 12-page ruling, Torres said that separate trials would "greatly simplify the issues, avoid confusion, expedite the proceedings and more efficiently resolve the case."
Gail Corvello, a spokeswoman for the plaintiffs, said she believes Torres' decision is "good news.
"It allows us to keep moving forward" toward a trial date in April, Corvello said.
In August 2002, construction workers installing a sewer line underneath Bay Street in North Tiverton encountered soil tinged a bright blue - a telltale sign of cyanide.
The state Department of Environmental Management has designated Southern Union the responsible party for the soil contamination.
DEM found that the contamination came from the burning of coal to manufacture gas at the former Fall River Gas Co., the predecessor of New England Gas, which in turn is owned by Southern Union.
Testing has determined that the soil contains not only elevated levels of cyanide but other contaminants, including arsenic, lead and benzo(a)pyrene, a probable carcinogen.
Full Story: http://www.projo.com/ri/tiverton/content/EB_DIRTYDIRT
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Torres Separates North Tiverton Soil Contamination Trials
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By Gina Macris
Providence Journal, January 11, 2008
Straight to the Source
