Over the last 24 hours reports from St. Louis area news outlets have surfaced about a methane gas exposure issue due to a defunct landfill in Maryland Heights, Missouri. The Missouri Pass Landfill, located near the Ashton Park neighborhood and Ranken-Jordan Pediatric Hospital, has reported elevated levels of methane gas, potentially exposing area residents, families and businesses.

Now, according to the DNR's press release, letters have been sent to over 150 property owners within 1500 feet of the landfill. As most know, the immediate danger for the folks in Ashton Park and surrounding homes in Maryland Heights, is an explosion. Landfills, of course, are full of decaying waste, which produces methane gas. The gas can migrate underground to nearby homes and, if it leaks through a crack and comes in contact with a pilot light or other flammable material, can become explosive. (Note: You should leave your home immediately if you smell gas and call 911.)

KMOV News Channel 4 is reporting that some property owners were shocked and had no idea about the potential threat of the landfill. And according to a press release from the DNR, "The company will be following up with door-to-door visits in the near future offering to monitor for methane and to provide property owners with an explosive gas meter."

We'll keep a close eye on this story as it continues to develop. My hope is that this methane gas exposure is contained and no one's home or business in the Ashton Park neighborhood or surrounding area has been - or will be - damaged in the process. But if you live in that area or know someone who does, remember - better safe than sorry. If you smell gas, leave your home immediately.

To learn more about our investigation into the Maryland Heights landfill methane gas situation, feel free to contact us. 

We lost one hell of a fighter and good man this week. Ernest Conry, a husband, father and friend to many, lost his battle with mesothelioma on September 18, 2009. He passed away at his home in St. Louis, Missouri.

Ernie lived with pleural mesothelioma for over 7 years. His resilience against the disease is truly a testament to the power of a positive attitude. He was always quick with a joke and happy to spread the cheer. For years he attended the Mesothelioma Applied Research Foundation's annual symposium, where he took it as his mission to bring a bit of laughter to the many families and patients in pain.

Ernie once said, "The thing to do is get up and do something. Don’t let the cancer bog you down. Wait until someday it might bog you down, but my God, if you are still moving, keep moving. Go on about like you don’t have a disease. So the thing to do is get up and do something. Keep moving and enjoy it. You know, take the life that you have going for yourself and make use of it."

Born in 1933 in Tennessee, Ernie moved to St. Louis as a child. He entered the automotive field at age 17, becoming an apprentice auto mechanic at a Ford dealership. He was drafted into the army in 1953, and arrived in Inchon, Korea, six months after the armistice had been signed. From 1950 to 1998, when he retired on a union pension, Ernie worked consistently as a mechanic at a series of Ford dealerships.

Once diagnosed with mesothelioma, he took it upon himself to visit St. Louis area union halls and mechanic shops, distributing literature about the dangers of asbestos. He gave numerous seminars to our staff here at the firm. He taught us a lot - not just about asbestos in the auto industry, but about strength, character and resilience.

Ernie gave freely of himself, and all he ever expected in return was the pleasure of good company. He was a wonderful man. And he will be dearly missed.

Yesterday I spoke at Pennsylvania's first Environmental Justice Conference.  First, let me say that this was a remarkable event, combining thought leaders from every area of this complex and critically important movement - academics, medical professionals, journalists, grass roots advocates, community organizers, and attorneys like me.  It was an honor to participate in this dialogue.

What is environmental justice?  The Pennsylvania Department of Environmental Protection offers this definition: "Environmental justice is the fair treatment and meaningful involvement of all people regardless of race, color, national origin, or income with respect to the development, implementation, and enforcement of environmental laws, regulations, and policies."

This is a passionate discussion, and I can’t help but think of the many people whose lives have been directly touched by an environmental injustice. For instance, I think of communities like Ambler, Pennsylvania, where they continue to grapple with millions of tons of soil contaminated by asbestos dumped on the outside of town - sometimes called the "white mountain."  I've represented people with mesothelioma from this town.  Met their families.  Sat in their living rooms. 

I think of the folks of Libby, Montana - and the environmental injustice that blanketed asbestos on their homes, streets, and ultimately in their lungs.

My panel offered a wealth of information from some exceptionally smart folks about the law’s role in helping manage and push these issues forward.  Speakers included Daniel Isales of the US EPA Environmental Science Center, Adam Cutler of the Public Interest Law Center of Philadelphia, and Joan Johnson, also of the US EPA.

What struck me as I met with people and listened to humbling stories like the one about the Harlem neighborhood where one-third of the children suffer from asthma due to the poor air quality, I was reminded yet again why it is I do what I do.

The plight of folks suffering from asbestos disease is one of the greatest tragedies and environmental injustices in the world’s history. Innocent people, too often in lower-income households and forgotten communities, were essentially poisoned by the companies where they were employed.  Corporate profits were put above personal safety, and hard-working Americans were left to pay the price. From 1999 to 2005, more than 18,000 people died from mesothelioma.

For those that believe that personal injury lawsuits are clogging up our judicial system, I offer that while, yes, there are “frivolous” lawsuits – those are the exception. In fact, less than 10% of all litigation involves personal injury matters.

Furthermore, the legal system is a critical mechanism for providing equal access and recourse to American citizens. This is a cornerstone of our great country, giving a voice to those without power and creating a sense of accountability for those that do. Legal action can often be a catalyst to help curtail future wrongdoing. Asbestos litigation is a textbook example of this – forcing increased corporate responsibility for providing safe, asbestos-free work environments.

Bringing an injustice in front of a jury of your peers is truly the great equalizer, and good things come of it.  Case in point: Ambler was recently added to the EPA's National Cleanup List.  While I can’t draw a direct line between asbestos lawsuits and the EPA’s action, I’d like to believe that litigation has helped bring additional attention to the community’s very serious issues.

I leave this conference with a renewed sense of dedication to our clients and a distinct sense of humility in the role we play in protecting the rights of those that have suffered an environmental injustice.