"2nd suit claims contamination at DIA concourse"

Tuesday, February 8, 2005

Another suit filed over 'airport waste'
Case cites sewage, de-icing fluid, mold problems at DIA
By Todd Hartman
The Denver (CO) Rocky Mountain News


Denver International Airport has failed to stop de-icing fluid, raw sewage
and mold from contaminating Concourse B and endangering workers, according
to a lawsuit filed Monday in U.S. District Court in Denver. 

The lawsuit piggybacks on a previous, still unresolved case filed by the
same attorneys in the summer of 2003. That suit was a class-action case
filed in state court on behalf of two employees of United Airlines who
allegedly suffered respiratory problems and other ailments "consistent with
toxic exposure" because of problems in Concourse B. 

The newest case, attorneys say, is an effort to compel DIA and the city and
county of Denver to clean up the alleged contamination at the airport,
citing a federal hazardous waste law that allows the public to demand such
action through the courts when state and federal regulatory agencies don't
act. 

The action also seeks recovery of attorneys fees and imposition of "maximum
civil penalties" on the city. 

Denver city attorney Cole Finegan declined comment on the lawsuit, saying he
had yet to review it. But he said a statement to the media issued by
opposing lawyers that summarizes their case was misleading. 

"The traveling public, as well as the employees at DIA, should be assured
that the environmental conditions on Concourse B are not as reported in the
press release," Finegan said. 

Thomas Loucks, a Chicago attorney representing plaintiffs JoAnn Hubbard and
Terri Crandall, said the latest case isn't designed to recoup any damages
for his clients. 

"All this does is force a cleanup - it doesn't compensate United employees
for compensatory damages they may have. It's a different action," Loucks
said. 

The original suit, which seeks unspecified damages, is still in play in
state court, though it has been stayed while Denver's motion to dismiss -
rejected by a state judge - is considered by the Colorado Court of Appeals. 

The latest filing by a team of attorneys in Chicago and Denver argues that
Denver and DIA have known about environmental problems at the airport for
more than a decade, but have taken only "Band-Aid" steps to address the
problems. 

Specifically, lawyers say, de-icing fluid and and contaminated runoff have
leaked into Concourse B, leading to complaints from workers of noxious odors
and fumes that have left them sickened and, in some cases, in need of
hospitalization. 

"Since approximately 1995, contaminated stormwater, including fugitive
de-icing fluid, raw sewage and other 'airport waste' . . . has run off or
under the tarmac and directly into Concourse B," the lawsuit said. 

The suit also cites mold growth in parts of Concourse B, including United
Airlines' locker rooms, training rooms and a mail sorting facility. 

The suit alleges that rogue de-icing fluid "has allowed potentially
hazardous mold to colonize Concourse B's heating, ventilation and air
condition system," which, in turn, has "significantly increased the
distribution of toxins throughout the concourse." 

Finegan countered that United Airlines no longer de-ices aircraft near the
concourse, "except in rare circumstances where the weather makes that
necessary," he said. "And in those cases the de-icing fluid is captured and
recycled." 

In addition, he said, airport management reports only one area of the
concourse that may have mold "issues," and that those rooms and their
ventilation systems have been sealed off and are awaiting demolition. 


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