Mohawks fight corporations over river contamination

More than 40 Mohawks filed a class action lawsuit in late November against General Motors Corp. (GM) and Alcoa Inc., who they say for years have dumped polychlorinated biphenyls, or PCBs, into the river that flows through their territory. The 44 named plaintiffs are all residents of Akwesasne, a reservation that straddles the US-Canadian border in northern New York state. The men, women and children named in the suit allege that they've suffered disease, illness or other ailments caused primarily by consuming fish contaminated with PCBs. "What we have learned in the past year and a half is that there is a public health crisis up there," said Christopher Amato, a lawyer representing and speaking on behalf of the Mohawk plaintiffs. "There are an enormous amount of health problems and it's not simply a coincidence." "The negligent dumping of PCBs by General Motors and Alcoa has created an environmental and public health nightmare for people living at Akwesasne," said Donald Boyajian, lead counsel for the plaintiffs. "This lawsuit seeks to force these companies to compensate the victims of their conduct." The suit alleges that since as early as the 1960s, three different factory sites dumped PCBs directly or indirectly into the St. Lawrence River, which runs downstream from them and through the Akwesasne reservation. GM has a plant in Massena, NY, which is used primarily for building engine parts, according to the lawsuit. Alcoa, an aluminum manufacturing company, has two factory sites in Massena–one of which was acquired when they bought out Reynolds Metal Co. in 2000. According to the suit, both defendants have been dumping PCBs into the St. Lawrence and surrounding waters for years. The Mohawks, it alleges, have suffered in a variety of ways, from thyroid problems and cancer to learning disabilities and reproductive problems. Diabetes is also a common disease in Akwesasne and, according to the suit, can be linked to PCBs in some instances. "PCBs are listed by the US Environmental Protection Agency and the International Agency for Research of Cancer as a probable human carcinogen," reads the complaint, filed in the US District Court for the Northern District of New York. "This classification means that there is sufficient evidence to show that PCBs cause cancer in animals and that there is evidence that PCBs cause cancer in humans." Some rare cancers, said Amato, are known to be caused by PCBs. Liver cancer, for one, killed one Mohawk, who is represented by a family member in the suit. "There have been studies that have documented these health effects," said Amato. "We will certainly be relying on those studies to prove our case." The information in the complaint further claims that PCBs cause changes in hormonal levels, particularly estrogen, and that maternal exposure to PCBs can lead to a decreased gestational age and reduced birth weight of the infant. "As a result of their exposure to PCBs, Mohawks residing at Akwesasne are at an increased risk of a variety of adverse health effects associated with such exposure," read the suit, which named dozens of such medical conditions and problems. "Some of the effects of PCBs are not always considered a health problem," said Amato, naming learning disabilities as one example. Because of this, the actual number of cases of PCB damage in Akwesasne is unknown. The suit welcomes additional plaintiffs to join at any time. Most of the plaintiffs in the suit were exposed to PCBs by eating fish from the local waters, said Amato. However, he said, studies have shown that breast milk may become contaminated, affecting infants. The effects can also be passed from mother to infant during pregnancy. The plaintiffs are seeking compensatory and punitive damages, along with the establishment of a trust fund to pay for any future medical costs incurred by Mohawks who develop medical problems later on. "Our view is that these companies need to be punished financially for the health crisis they've created up there," said Amato. "I don't expect these companies to do anything but fight, and we're prepared for a long battle." Amato said he anticipates that the case could be in courts for years. The first official appearance will be in March 2006, and further dates will be set at that time. Otie McKinley, a spokesperson for the GM site at Massena, said the company has just recently received a copy of the complaint and is reviewing it. "I know we are in an ongoing remediation process that began in the 1980s," McKinley said, but he could not confirm nor deny if PCBs continue to be released at the GM plant. The company expects to have more information available in the near future.