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Chemical company Dupont Co. will pay Virginia a stunning $50 million to clean up decades of mercury pollution. The proposed settlement is the largest natural resource settlement in the state's history and the eighth largest in the nation, state and federal officials said.
"Today's settlement, the largest of its kind in Virginia history, is the culmination of a coordinated effort by countless partners at both the state and federal level," Gov. Terry McAuliffe said in a statement. "Thanks to their hard work, Virginians and the environment will benefit from unprecedented investments in land conservation and habitat restoration. I applaud and appreciate the meticulous monitoring by our state agencies, the thorough analysis of the scientific advisory committee, and DuPont's willingness to come to the table and make this happen."
"[The settlement] ranks 8th in all of time of natural resource damage settlements across the country ... and that includes such big cases like Deep Water Horizon and Exxon Valdez," Paul Phifer with the U.S. Fish and Wildlife Services said, according to the Associated Press.
The case dates back several decades when a former DuPont factory outside the city of Waynesboro leaked mercury—a chemical used for the plant's rayon production—into the South River
from 1929 to 1950. The pollution was finally discovered in the 1970s and DuPont has worked with federal and state officials on cleanup solutions over the years.
Still, the mercury remains persistent and has been difficult to remove. The South River is one of the area's leading tributaries so any contamination eventually flows into the Shenandoah River. According to the Shenandoah Riverkeeper, the South River Science Team found that South River and South Fork Shenandoah River fish continue to have elevated mercury concentrations some 60 years later after the DuPont plant ceased production.
Mercury is highly toxic and can travel up the food chain and can have a whole host of terrifying problems for aquatic life and humans alike. Fish consumption advisories in affected areas are in place to this day.
"Over 100 miles of river and thousands of acres of floodplain and riparian habitat were impacted from the mercury," the Department of Justice said in a statement. "Some of the assessed and impacted natural resources include fish, migratory songbirds, reptiles, amphibians and mammals. Recreational fishing opportunities were also impacted from the mercury."
NBC29 notes that the historic settlement would go towards wildlife habitat restoration, water quality enhancement and improvements to recreational areas.
"DuPont has agreed to provide $42.3 million in support of restoration projects in the South River and South Fork Shenandoah watersheds. The trustees will use these funds for a number of restoration projects to enhance natural resources in the region," Mike Liberati, South River project director for the DuPont Corporate Remediation Group, said in a statement.
"In keeping with its long history of cooperation with, and participation in, government initiatives, and its ongoing support of the local community, DuPont's is committed to a long-term presence in the Waynesboro area and to maintaining transparency with its citizens," Liberati continued.
The trustees, through U.S. Fish and Wildlife Service and Commonwealth of Virginia, invite feedback on actions to restore the river and wildlife habitat and improve public lands and recreational resources. A draft restoration plan and environmental assessment (RP/EA) was also released today for a 45-day public comment period. The plan results from stakeholder meetings beginning in 2008 to determine how best to compensate the public for the injured natural resources and their uses.
Researchers have discovered that bottlenose dolphins residing off the Florida Everglades have higher concentrations of mercury contamination than any other population of the mammals in the world.
Contamination levels of mercury (T-Hg) in Lower Florida Keys (LFK) and the Florida Coastal Everglades (FCE) dolphinsScience Direct
The study, published in the journal Environmental Pollution, examined the levels of mercury and other toxins in the sea creatures. According to the research, mercury concentrations in the skin of Florida Coastal Everglades dolphins (median 9314 ng g−1 dw) were about three times higher than Lower Florida Keys dolphins (median 2941 ng g−1 dw).
"These concentrations are the highest recorded in bottlenose dolphins in the southeastern USA, and may be explained, at least partially, by the biogeochemistry of the Everglades and mangrove sedimentary habitats that create favorable conditions for the retention of mercury and make it available at high concentrations for aquatic predators," the study abstract states.
The research team includes scientists from Florida International University (FIU), the University of Liège in Belgium, the University of Gronigen in the Netherlands and the Tropical Dolphin Research Foundation in the U.S.
It is unclear where exactly the mercury comes from but the scientists suspect it might stem from smoke stacks, nearby farming operations or from the area's numerous mangroves in Everglades National Park. As FIU News explained, when mangrove leaves drop into the water, mercury from the mangroves mixes with bacteria and is turned into methylmercury. Methylmercury is highly toxic and can travel up the food chain, as it collects in animal tissue in larger and larger amounts. (That's why predators like dolphins, swordfish and tuna have troubling levels of mercury.)
Woods Hole Oceanographic Institution
Dolphins that live in the Amazon and other mangrove forests also have elevated mercury levels, but the researchers were surprised to find that the mercury levels in Everglades dolphins were even higher.
"I couldn't believe those levels because that's the highest ever recorded," FIU marine scientist Jeremy Kiszka, a co-author of the study, told the Miami Herald. "It raises a lot of other questions."
The study is important because dolphins are a vital "sentinel species," meaning they shed light on oceanic and human health. So if a dolphin is swimming in contaminated waters, a person living by the same coastal waters might also be exposed to the same contamination. As the Miami Herald noted, researchers discovered last year that Indian River Lagoon dolphins had elevated mercury levels, reflecting the high levels of mercury in the nearby human population.
Similarly, since dolphins and humans eat the same kind of seafood, if a dolphin gets sick from eating toxic fish, a person who eats the same toxic fish might get sick too.
For humans, mercury can have a whole host of terrifying problems. As for what effects mercury has on dolphins, FIU News explained that the chemical can disrupt the animal's immune system and reproduction, making them more vulnerable to infection and disease.
"Mercury is one of the most neurotoxic elements in the universe," World Mercury Project president Robert F. Kennedy, Jr., who was not involved in the study, explained to EcoWatch. "The destruction of these extraordinary creatures is part of the cost of our deadly addiction to coal and chemicals. We shouldn't forget that these dolphins are accumulating these horrifying brain poisons from the same fish that our children eat."
The scientists are now trying to expand their study on other marine animals.
"Understanding the impact of pollutants on marine ecosystems, including from natural sources, is critical for conservation and management. Results obtained on bottlenose dolphins from the Everglades were surprising, but we now need to assess the effect of mercury on the health of dolphins and other species from the Everglades," Kiszka told FIU News. "This is a critical question for understanding the effects of pollutants on aquatic ecosystems, but also on humans, since we are also part of these ecosystems."
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Thomas Frieden, the director of the Center for Disease Control (CDC), has blocked CDC whistleblower, Dr. William Thompson, from testifying on scientific fraud and destruction of evidence by senior CDC officials in critical vaccine safety studies regarding the causative relationship between childhood vaccines and autism.
The medical malpractice case seeking Dr. Thompson's testimony is on behalf of 16-year-old Yates Hazlehurst. The lawsuit alleges that Yates is autistic as a result of vaccine injuries.
Attorneys Bryan Smith and Robert F. Kennedy, Jr., of Morgan & Morgan, have been seeking to have Dr. Thompson testify in a medical malpractice case to explain how the CDC committed scientific fraud in a series of studies, which found no link between vaccines and autism.
In denying the request, Dr. Frieden said, "Dr. William Thompson's deposition testimony would not substantially promote the objectives of CDC or HHS [Health and Human Services]."
Dr. Thompson, a 19-year veteran at the CDC and former senior vaccine safety scientist at the agency's Immunology Safety Office, is the co-author of four key studies that the CDC widely touts to exonerate the MMR vaccine and vaccines containing the mercury-based preservative thimerosal, from being linked to autism. Thompson is currently employed at the CDC's National Center for HIV/AIDS, Viral Hepatitis, STD and TB Prevention.
In August 2014, Dr. Thompson revealed that the data underlying CDC's principle vaccine safety studies demonstrated a causal link between vaccines and autism or autism symptoms, despite CDC's claims to the contrary. According to Thompson, based upon interpretation of the data, "There is biologic plausibility right now to say that thimerosal causes autism-like features." Dr. Thompson invoked federal whistleblower protection in August 2014.
Dr. William Thompson is listed as author or co-author on the principal studies—Thompson, et al. 2007, Price, et al. 2010, Destefano, et al. 2004—most widely cited to "debunk" the link between autism and vaccines. Thompson said that his bosses, including the CDC's Immunization Safety Office Branch Chief Frank Destefano, specifically ordered him and three other CDC scientists to destroy data demonstrating vaccine induced autism in CDC's seminal 2004 study—Destefano, et al. 2004. The data unexpectedly showed a 250 percent increase in autism among young black males who received the vaccine on time—before their third birthday—compared to those who waited until after their third birthday. The data also showed a significant link between the vaccine and isolated autism (autism in normally developing children with no other medical problems), the kind suffered by Yates Hazlehurst, who is mentioned below. According to Thompson, Destefano called his four co-authors into a room and ordered them to dump the damning datasets into a giant garbage can. The published study omitted those data sets. That study, now cited in 91 subsequent papers on PubMed as proof of vaccine safety, is the principle foundation stone of the theology that vaccines don't cause autism.
In a series of taped statements, a deposition to Congressman William Posey of Florida and in statements issued through his personal attorney, Thompson confirmed that the data underlying the seminal 2004 Atlanta study, Destefano, et al. 2004, showed a causal association between MMR and autism for both African-American boys and for children suffering isolated autism. Thompson also asserted that CDC's leading thimerosal studies, rather than demonstrating thimerosal's safety, have consistently showed a causal relationship between thimerosal and tics, a family of grave neurological injuries that are a well-established feature of autism.
The medical malpractice case seeking Dr. Thompson's testimony is on behalf of 16-year-old Yates Hazlehurst. The lawsuit alleges that Yates is autistic as a result of vaccine injuries, which occurred when the vaccines were improperly administered in 2001. Because of the Vaccine Injury Compensation Act of 1986 (VICA), Hazlehurst v. The Jackson Clinic is the only vaccine injury case that has gone to any U.S. court in 30 years.
Under the VICA and the 2009 Supreme Court decision Bruesewitz v. Wyeth, almost all vaccine injured children are barred from filing lawsuits in state or federal courts. Instead, their only legal remedy is to seek compensation under VICA in the so called "vaccine court," the popular term which refers to the Office of Special Masters of the U.S. Court of Federal Claims, which administers a no-fault system for litigating vaccine injury claims. There is no judge, no jury and the most basic rules of law do not apply.
However, the U. S. Department of Health and Human Services subsequently admitted that during the Omnibus Autism Proceeding it secretly settled and sealed what potentially would have been one of the six test cases, Poling v. HHS after HHS conceded that the vaccines did indeed cause her autism. By conceding the Poling case and opposing the parents motion for complete transparency, HHS concealed critical evidence of how vaccines can cause autism.
Dr. Thompson wants to reveal the scientific fraud and destruction of evidence that took place in the studies that he co-authored. However, in accordance with the Whistle Blower Protection Act and other federal regulations, Dr. Thompson can not testify under oath without the permission of the director of the CDC, Dr. Thomas Frieden.
Hazlehurst's attorneys, Smith and Kennedy, sought the permission of the CDC to allow Dr. Thompson to testify. The request on behalf of Hazlehurst specifically relates to the issue of causation, i.e. the issue of whether vaccines can cause autism, which the State of Tennessee Circuit Court Judge found to be both relevant and a proper basis for seeking the deposition of Dr. Thompson.
According to Kennedy, who argued before Tennessee Senior Circuit Court Judge William Acree that Dr. Thompson's testimony was necessary, "Yates, and almost 5,000 other vaccine injured autistic children, lost their cases in vaccine court because CDC and the Justice Department submitted fraudulent science wrongly denying the vaccine-autism link."
Kennedy explained that Dr. Thompson's testimony was necessary to explain details of the fraud. "Dr. Thompson will also rebut defense experts' testimony that Yates was not damaged because vaccines do not cause autism," Kennedy said.
Accepting the logic of Kennedy's argument, Judge Acree ordered on Feb. 5 that Dr. Thompson should be deposed. Following Judge's Acree's ruling, Smith filed a formal request to CDC to make Thompson available for deposition and trial testimony.
On Sept. 22, in a letter from CDC Director Thomas Freiden, CDC denied Smith's request. Smith explained that "this denial was a disappointment but not a surprise, since the inescapable implication of Dr. Thompson's testimony is that the agency fraudulently altered the science to undermine autism cases worth potentially $1 trillion in compensation ordered by Congress."
Smith and Kennedy plan to immediately appeal the CDC's denial to federal court.
"Since that original study data is only available from Dr. Thompson," Smith explained, "We are very confident that a federal judge will order CDC to make Thompson available."