Corporations Acting More Like Babies Than The “People” – That They Claim To Be:
Especially since the Paper Industry Giants may have killed people with “pollution” – and the Papers Giants Claim to be “People”
Paper Giants Battle Over Blame and Expense of Polluting the Kalamazoo River, Surrounding Areas and Real People (Not Corps ) With Cancer-Causing PBCs
Paper Industry Giants Duke It Out Over Who Was Worst of the Worst Polluter – Thus Who Picks Up Most of the Tab in Kalamazoo River Superfund Site:
Lawsuits filed in Federal Court in Michigan and Wisconsin – There’s a Tie to the Fox River Superfund Site in Green Bay
In fight over who should pay for pollution – Arrogant Polluting Corporations Believe They Are People:
$100 Million Blame and Cash Battle Between Paper Making Giants Soon Enters 5th year Slicing Up the Financial Blame for the Kalamazoo River Superfund Site:
Are the Superfund Violators/Polluters near Lake Michigan a Pretext for What We Can Expect In a Few Years After Owners of the Eagle Mine Decide to Skip Town With Their Pockets Full – Sludging A Path For Similar Sulfide Mines Planned Along Lake Superior – Leaving a Toxic Mess That Is Cheaper to Litigate – Than Clean Up
In federal court these paper making corporations – think they are people
Corporations believe they are ‘People’
Latest in $100 Million Battle Twixt International. Paper Giants on Kalamazoo River Superfund Site – litigation that spills into Fox River Superfund Site in Green Bay:
I fear that the Upper Peninsula Eagle Mine – and other sulfide (acid) mines like it – could be a Superfund-like site when the company sucks up all the valuable minerals it wants and THEN leaves.
We “Pray” That The Evil Corporations Will Not Pollute – and Corps. “Pray” Not to Pay:
Praying for Relief From Federal Judge
GEORGIA-PACIFIC CONSUMER PRODUCTS LP, FORT JAMES CORPORATION, and GEORGIA-PACIFIC LLC
Plaintiffs
https://en.wikipedia.org/wiki/Fort_James
Versus
NCR CORPORATION and INTERNATIONAL PAPER CO.
Defendants
****Notice these corps think they are people – smile
The Big Paper Boys Swing Their Branches and PCB Allegations Against Each Other: In the fight over money between paper industry giants
“The case is about allocating responsibility for contamination … of the Kalamazoo River Superfund Site”
The plaintiffs (Georgia-Pacific) argue that the Kalamazoo River would not have been listed as a Federal Superfund site if “not for NCR’s use of PCBs in its CCP; and for the contamination of the Kalamazoo River by PCB Aroclor 1242 attributable to NCR broke and trim.
Georgia-Pacific filed the lawsuit to establish the liability of Defendants and determine their equitable costs of cleaning up the Kalamazoo River Superfund Site
Georgia-Pacific wants to require Defendants to pay their fair portion of past and future cleanup costs associated with the Kalamazoo River Superfund Site.
The suit was also filed due to “claims in this action arise from many of the same activities by the Defendants which are at issue in the case of Appleton Papers, Inc. and NCR Corporation v. George A. Whiting Paper Company for costs associated with the investigation and remediation of the PCB contamination in Fox River; and because the Defendants made arrangements in this District with brokers that ultimately resulted in the release of PCBs into the Kalamazoo River.
Georgia-Pacific is the corporate successor to Kalamazoo-area facilities that deinked and recycled PCB-containing NCR broke and trim.
Georgia-Pacific has paid in excess of $79 million to investigate and remediate the Kalamazoo River Superfund Site, the company states.
NCR invented the PCB-containing Carbonless Copy Paper (CCP) that has caused the PCB contamination of the Kalamazoo River Superfund Site, Georgia-Pacific alleges.
Plus GP alleges that NCR arranged for the disposal of PCB-laden waste from its own CCP converting operations.
Georgia-Pacific claims NCR arranged for the disposal of PCB-laden broke and trim from its contract coaters.
“Contract coaters” are the companies that used NCR’s coating (using NCR’s specifications) using an NCR emulsion.
NCR is also the corporate successor to at least two coaters — the Wisconsin-based Appleton
Coated Paper Company (ACPC), and Combined Paper Mills, Inc. (aka Combined Locks Mill).
Those companies arranged for the disposal of PCB-laden broke and trim resulting from the coating of NCR CCP.
Waste paper from all these activities was recycled at facilities near the Kalamazoo River, with resulting releases of PCBs into the Kalamazoo River, according to Georgia-Pacific as it tried to put most of the blame and expense on the other paper giant:
NCR has paid nothing toward the cleanup, Georgia-Pacific cried.
The (once nature concerned) Michigan Department of Natural Resources (MDNR) conducted studies between 1972 and 1989 that “determined that certain areas in and around the Kalamazoo
River below Morrow Dam were contaminated with PCBs,” the suit states.
The Allied Paper Inc./Portage Creek/Kalamazoo River Superfund Site was declared a Federal Superfund site by the United States Environmental Protection Agency in August 1990.
In fact, the site was placed on the Superfund National Priority List (NPL).
In 1990, the site was listed by the MDNR as an environmental contamination site under the Michigan Environmental Response Act, the suit states.
EPA identified Georgia-Pacific as a “potentially responsible party” (“PRP”) at the Kalamazoo River Superfund Site.
Georgia-Pacific is now the only remaining PRP left at the Site to provide ongoing funding to investigate and remediate the PCB contamination of the Kalamazoo River, due to the bankruptcies of other PRPs at the Kalamazoo River Superfund Site, the suit states.
Only one other company, Weyerhaeuser Company, is currently involved in remedial activity – is only funding measures to remediate a landfill it owned, and to investigate and remediate a former paper mill it owned, the suit claims.
PCBs were introduced to Portage Creek and the Kalamazoo River largely through past discharges, releases, and disposal of PCB-contaminated solids and paper residuals by paper manufacturing operations on Portage Creek and the Kalamazoo River, the suit charges.
The Kalamazoo River Superfund Site currently includes five disposal areas, four paper mill properties, an approximately 80-mile stretch of the Kalamazoo River from Morrow Dam to Lake Michigan, and a three-mile stretch of Portage Creek, the suit states.
There are several areas that need total cleanup:
Operable Unit 1 is the Allied Paper/Bryant Mill Pond Operable Unit
Operable Unit 2 (Willow Boulevard/A-Site Landfill)
A groundwater investigation was undertaken in the summer of 2009 at Operable Unit 2 (Willow Boulevard/A-Site Landfill),the suit states
In September 2009, a consent decree was signed between the EPA and Georgia-Pacific for design and cleanup at the Willow Boulevard/A-Site Landfill was approved by the Federal District Court.
This decree/settlement, among other things, obligates Georgia-Pacific to consolidate waste materials, construct a permanent landfill cap, and install a groundwater monitoring system.
Operable Unit 3 is the King Highway Landfill
The remedy involves the construction of a landfill cap, the seeding of the cap with vegetative growth, and the construction of a gas collection trench (under the control of the State of Michigan).
Operable Unit 4 is the Twelfth Street Landfill
In September 2001, EPA san agreement and the remedy includes excavation of PCB residuals that have migrated from the landfill and placement of those residuals back in the landfill. This work is conducted by Weyerhaeuser with oversight by EPA and MDNR.
Operable Unit 5 concerns the Portage Creek and Kalamazoo River sediments
In February 2007, EPA reached two settlement agreements with Millennium Holdings
LLC (which has since gone bankrupt) and with Georgia-Pacific.
The agreements were the result of two years of mediated negotiations between the possible responsible parties (PRPs) and various government regulators and entities, including the EPA and the State of Michigan.
Georgia-Pacific and Millennium agreed to perform sediment excavation in the Kalamazoo River near Plainwell, Michigan, the suit states.
Georgia-Pacific and Millennium agreed to conduct a Supplemental Remedial Investigation/Feasibility Study (Supplemental RI/FS) on the 80-mile stretch of the Kalamazoo River from Morrow Dam to Lake Michigan and Portage Creek from Cork Street to the confluence with the Kalamazoo River.
Georgia-Pacific’s Expenditures to Clean Up the Kalamazoo River Superfund Site:
Georgia-Pacific has spent at least $79 million dollars (as of Dec. 2010) to investigate and remediate the Kalamazoo River Superfund Site, and to investigate the liability of other potentially responsible parties, such as NCR and International Paper.
You can read the original:
Lawsuit Filed Between Paper Giants 12-3-10
Read or download the Georgia-Pacific vs NCR financial ruling 9-26-13
And read the latest filing of the salvos between these Paper Industry Giants.
https://en.wikipedia.org/wiki/Carbonless_copy_paper
http://www.cdc.gov/niosh/docs/2001-107/
http://www.google.com/patents/US2730457
http://www.sec.gov/Archives/edgar/data/1144326/000114432613000031/R18.htm
Kalamazoo River Superfund Site
http://www.epa.gov/region05/cleanup/kalproject/index.htm
http://www.michigan.gov/deq/0,4561,7-135-3304-84646–,00.html
https://en.wikipedia.org/wiki/Kalamazoo_Superfund_Site
http://www.fws.gov/midwest/es/ec/nrda/KalamazooRiver
http://www.kalamazoorivercleanup.org
https://www.kzooriver.com/kalamazoo
http://www.epa.gov/region5/cleanup/kalproject/images/OUmap.gif
http://www.epa.gov/region5/cleanup/kalproject/photos.htm
Seeps at base of TP1, Elizabeth Copper Mine Superfund Site Vermont, USA
Portage Creek – Kalamazoo River, Michigan Public Domain EPA
“Portage Creek – Kalamazoo River, Michigan” by EPA
www.michigan.gov/images/main_82481_7.jpg
“<a href=”http://commons.wikimedia.org/wiki/File:Portage_Creek_-_Kalamazoo_River,_Michigan.jpeg#mediaviewer/File:Portage_Creek_-_Kalamazoo_River,_Michigan.jpeg”>Portage Creek – Kalamazoo River, Michigan</a>” by EPA – <a rel=”nofollow” class=”external free” href=”http://www.michigan.gov/images/main_82481_7.jpg”>http://www.michigan.gov/images/main_82481_7.jpg</a>. Licensed under Public domain via <a href=”//commons.wikimedia.org/wiki/”>Wikimedia Commons</a>.
United States Damage Assessment, Remediation & Restoration Program
http://www.darrp.noaa.gov/greatlakes/kalamazoo
http://www.westonsolutions.com/projects/project_kalamazooriver.htm
Kalamazoo River Watershed Council (KRWC)
http://kalamazooriver.org/?page_id=217
The Environmental Law Reporter
http://upton.house.gov/uploadedfiles/05_13_2014_congressional_letter_to_epa_re_kalamazoo_superfund.pdf
http://caselaw.findlaw.com/us-6th-circuit/1022237.html
http://www.thefederalregister.com/d.p/2014-02-18-2014-03332
http://onlinelibrary.wiley.com/doi/10.1897/04-493R.1/abstract
https://www.msu.edu/user/giesy/Projects/Presentations/KZ-SS-BE-01.pdf
http://www.epa.gov/Region5/cleanup/foxriver
United States Department of Justice aka United States Justice Department
http://www.justice.gov/enrd/3643.htm
https://en.wikipedia.org/wiki/Fox_River_%28Wisconsin%29
http://www.foxriverwatch.com/NCR_corporation.html
http://www.foxriverwatch.com/pcb_pcbs_sources_1.html
http://www.foxriverwatch.com/superfund_sediment_remediation.html
http://dnr.wi.gov/topic/greatlakes/greenbay.html
http://www.sevenson.com/index.php/project-summaries/fox-river-superfund-site/
Appvion, Inc. (formerly Appleton Papers Inc.)
https://www.linkedin.com/company/appleton
http://www.appletoncoated.com/index.php?GroupID=11
http://www.appletoncoated.com/greenzone/index.php
Info on lawsuits:
http://www.law360.com/articles/213303/gp-wants-ncr-to-pay-for-mich-superfund-site
http://www.law360.com/companies/ncr-corporation/articles
http://www.mlive.com/news/kalamazoo/index.ssf/2013/09/hold_portage_creek_pcb_cleanup_1.html
http://michiganradio.org/post/federal-regulators-say-pcb-cleanup-kalamazoo-river-gaining-momentum
http://michiganradio.org/post/pcb-cleanup-continues-along-kalamazoo-river
http://michiganradio.org/post/kalamazoo-residents-struggle-epa-over-mount-pcb
http://michiganradio.org/post/epa-says-decision-about-kalamazoo-s-mount-pcb-will-come-summer
http://michiganradio.org/post/kalamazoo-rallies-pressure-epa-remove-hazardous-paper-mill-waste
http://www.sec.gov/Archives/edgar/data/1144326/000114432613000031/R18.htm
On September 26, 2013, United States District Judge Robert J. Jonker ordered that Defendants NCR Corporation and International Paper Company are found liable parties
Other litigation issues remain:
American College of Environmental Lawyers (ACOEL)
http://www.acoel.org/file.axd?file=2013%2F10%2FGeorgia%2BPacific%2Bv%2BNCR.pdf
Kalamazoo River Superfund Site:
Hunsucker Goodstein Law
Federal Judge Finds NCR Corp. & Appleton Papers Inc. Liable For $950 Million in Cleanup Costs of Nation’s Largest Superfund Site (Mon, Oct. 3, 2011)
Philip Hunsucker
(San Francisco, CA) – Federal judge rules NCR Corp. and Appleton Papers Inc. are liable for an estimated $950 million in cleanup costs and reimbursement of natural resource damages for PCB contamination at the nation’s largest Superfund site, located in eastern Wisconsin.
“We are very pleased with this ruling,” said environmental attorney Philip Hunsucker, of Hunsucker Goodstein, who represented Menasha Corp.,
http://www.pcmag.com/encyclopedia/term/47696/ncr-paper
Liberty Mutual Fights NCR On $79M Superfund Site Coverage
By Kathryn Brenzel
(March 28, 2013) – Liberty Mutual Insurance Co. on Wednesday urged a judge to declare that it doesn’t owe coverage to NCR Corp. for a $79 million cleanup of the Kalamazoo River Superfund site, saying the company’s comprehensive general liability policy wouldn’t cover costs stemming from its alleged role in the Michigan river’s pollution.
In a lawsuit filed in the United States District Court for the Western District of Michigan, Liberty Mutual said it is not responsible for NCR’s portion of the cleanup and related defense costs, citing a pollution exception in the company’s insurance policy.
NCR was hit in 2010 by a suit from Georgia-Pacific Consumer Products LP, which sought contribution toward the cleanup of the Kalamazoo River, which cost Georgia-Pacific $79 million.
http://www.law360.com/articles/428041/liberty-mutual-fights-ncr-on-79m-superfund-site-coverage
http://www.epa.gov/region5/cleanup/foxriver/pdf/foxriver_cd_201010.pdf
Appleton Papers, Inc.
United States of America and the State of Wisconsin, Plaintiffs–Appellees, v. NCR Corporation, Defendant–Appellant
No. 12–2069 Decided: August 3, 2012
http://caselaw.findlaw.com/us-7th-circuit/1608058.html
http://fox11online.com/2014/05/15/objections-filed-to-proposed-fox-river-cleanup-settlement
Upper Peninsula Breaking News by Greg Peterson 
