PUBLIC RELEASE: 8-JAN-2015 by DARTMOUTH COLLEGE
Fertilizers are known to promote the growth of toxic cyanobacterial blooms in freshwater and oceans worldwide, but a new multi-institution study shows the aquatic microbes themselves can drive nitrogen and phosphorus cycling in a combined one-two punch in lakes.
The findings suggest cyanobacteria — sometimes known as pond scum or blue-green algae — that get a toe-hold in low-to-moderate nutrient lakes can set up positive feedback loops that amplify the effects of pollutants and climate change and make conditions even more favorable for blooms, which threaten water resources and public health worldwide. The findings shed new light on what makes cyanobacteria so successful and may lead to new methods of prevention and control. Read more
An Illinois federal judge has barred a plaintiff alleging asbestos-induced lung cancer from relying on the any exposure theory at trial.
Judge John Z. Lee delivered the Dec. 22 opinion in the U.S. District Court for the Northern District of Illinois, rejecting the any exposure theory.
Defendants Crane Co., ExxonMobil Oil Corporation, Owens-Illinois, Inc., and Marley-Wylain Company requested the court to exclude the any exposure theory and to bar plaintiff Charles Krik from calling certain witnesses at trial who plan on relying on the any exposure theory in their testimonies.
Lee explained that the any exposure theory “posits that any exposure to asbestos fibers whatsoever constitutes an underlying cause of injury to the individual exposed.”
Krik claims he developed lung cancer as a result of asbestos exposure and sought to present testimony from experts Dr. Arthur Frank, Dr. Arnold Brody and Frank Parker, who intended to testify that each and every asbestos exposure caused the claimant’s lung cancer.
While the court denied the defendants’ motion to bar certain witnesses, Lee granted their request to exclude the any exposure theory. He concluded that Krik failed to establish that the any exposure theory is sufficiently reliable to warrant admission.
The court applied the Daubert factors when determining the issue of asbestos injury causation.
Applying the Daubert factors, the defendants argued that the any exposure theory is speculative and is not scientifically reliable because it ignores a “fundamental principle of toxicology – that the ‘dose makes the poison.’”
They added that the any exposure theory “allows a plaintiff to skirt this fundamental principle by wholly bypassing the dosage requirement.”
Krik, on the other hand, claimed the methodology used in the any exposure theory was proper.
He argued that Illinois law does not require plaintiffs to quantify their individual exposure levels in order to establish causation.
Lee wrote that even though Krik and his experts have acknowledged that asbestos-induced lung cancer is a dose-responsive disease, the plaintiff still intended to have his experts testify that any exposure to asbestos, regardless of dosage, is sufficient to cause an asbestos related disease.
Lee also notes that Krik failed to offer any expert testimony explaining how much asbestos exposure he actually experienced and whether the dosage was even sufficient enough to cause his disease.
“Krik’s argument that a single exposure or a de minimis exposure satisfies the substantial contributing factor test under Illinois law incorrectly states the controlling law: it is not that de minimis exposure is sufficient, but that more than de minimis exposure is required to prove causation,” he wrote. “Krik’s argument, therefore, is unavailing.”
Instead, the claimant relied on the any exposure theory to prove causation for lung cancer, a disease with many causes ranging from asbestos exposure to cigarette smoke.
Furthermore, the any exposure theory is inadmissible because Krik’s experts failed to base their opinions on facts specific to this case, the judge ruled. Read more
By Robert Digitale, The Press Democrat
Vacaville-based Blue Mountain Air is facing a $51,000 fine for failing to follow federal rules in the treatment and removal of lead-based paint during its renovation of four Bay Area homes, the U.S. Environmental Protection announced Wednesday.
The company, a subsidiary of Blue Mountain Inc., failed to obtain required EPA certification before the renovations, and also failed to keep required records and to ensure the project’s workers were certified to safely remove lead-based paint, the agency said.
The four homes, all foreclosures, were renovated in 2011 and 2012 in Santa Rosa, Napa and El Sobrante. Read more
Posted by http://www.thefifthestate.com.au/
Friday, 28 November, marked National Asbestos Awareness Day, where groups came together to pay tribute to the thousands of Australians who have died from asbestos-related diseases. However, the day also exists to remind the community of the present threat asbestos poses.
Currently, 600 mesothelioma cases are reported a year, and this is expected to rise to more than 900 cases a year by 2020, with the National Health and Medical Research Council estimating that more than 25,000 Australians will die from mesothelioma over the next 40 years.
“There is no safe level of exposure to asbestos fibres,” Asbestos Diseases Foundation of Australia president Barry Robson said.
“In the past, the first wave of people affected by asbestos-related diseases were those exposed to fibres in the mining and manufacturing process and their families. Then came the second wave, which were people exposed to fibres from using products in the workplace.
The foundation is warning of a “third wave” of asbestos-related diseases that will include people renovating homes without the proper precautions. Read more
By Sarah Cosgrove, http://www.hortweek.com/
People with asthma or a weak immune system are advised to wear masks when moving rotting leaf, plant and tree mulch because of the microscopic dust that this dislodges, which can contain Aspergillus fungal spores.
The National Aspergillosis Centre, University Hospital of South Manchester, sees about 350 new patients a year with conditions coming from inhaling the spores. Professor of infectious diseases in global health David Denning said numbers are growing, especially among people who take steroids – arthritis sufferers, for example – which suppress their immune systems.
“Most of us are either immune to the fungus or have a sufficiently healthy system to fight the infection,” he added. “But in asthma sufferers it can produce coughing and wheeziness, and in people with weak or damaged immune systems the fungus can cause pulmonary aspergillosis – a condition that can cause irreparable and sometime fatal damage to the lungs and sinuses.”
One previously “very fit” professional gardener who had asthma only as a child and went to the gym three times a week became very ill with pulmonary aspergillosis and said she was lucky to have survived. Read more
Each year around Christmas the staff at QuanTEM works to raise money for a local charitable organization. This year’s recipient is the Angels Foster Family Network of OKC. Angels is a private foster child placing agency in Oklahoma County, rescuing children who have often been traumatized while living in emergency shelters or in a series of short term foster homes after being abused, neglected, or abandoned by their parents.
This year QuanTEM employees engaged in a multitude of activities, including; bake sales, card games, prize drawings and coin drops, in order to raise money. Some employees even went above and beyond by agreeing to dress-up in costume when benchmarks were reached. The money raised by employees will be matched by QuanTEM and donated to Angels as a Christmas gift.
Thank you to everyone who participated, especially these brave souls.
We raised $1305 this year. QuanTEM will match that total so the Angels Foster Family Network will be receiving a $2610 donation. Way to go team!
By Anthony Fay, http://wwlp.com
Johnson, 46, was indicted Wednesday by a Hampden County Superior Court jury on two counts of uttering false or forged records. He is accused of submitting false reports in November of 2011 and October of 2013 to HAP Housing, which administers the Section 8 program in greater Springfield. According to Attorney General Martha Coakley’s office, HAP and the Child Lead Poisoning Prevention Program reviewed the documents and determined them to be false, and the matter was referred to the AG’s office.
Prosecutors say that Johnson committed the alleged forgery by altering a legitimate lead inspection report, which was issued for a different property. They say that the two properties that Johnson was renting were not compliant with the state’s lead paint regulations, and that he rented one of the properties to a parent living with two young children. Read more
By Margaret Rhodes, http://www.wired.com
A few years ago South Korean artist Seung-Hwan Oh read a BBC article about this fungus problem affecting film archives. He realized they were right: “I noticed that mold on badly stored film can eat away and destroy its contents,” he says. “And then I realized that I may deliver the idea of impermanence of matter applying this natural disaster into my work.”
It’s a heady notion, but when Oh talks about ‘impermanence’ he’s talking about the “idea that all the matter, including all the life forms, collapse in the spatial-temporal dimension we belong to.” It’s his inspiration in this series, and it’s based on the second law of thermodynamics, which states that as usable energy in the universe gets used—to power life, and grow organisms—unusable energy increases and creates a state of growing randomness and chaos.
Put differently, Oh started letting mold grow on his film. Rather than worrying about fungus, he embraced it.
To do that Oh had to set up a micro-fungus farm in his studio. Film gets stashed away in a warm, wet environment where fungus can grow. Oh will sometimes take mold that grows naturally on bread and rice and paste it into the prints, but that’s about as much control as he can exercise over the outcome. Read more
By Katie Lange, http://www.wbaltv.com/
A 17-year-old Baltimore boy who suffered permanent brain damage due to lead paint exposure where he lived when he was younger has been awarded $2 million in a civil case.
The victim, who wasn’t named because he’s a juvenile, was exposed to lead paint while living with his grandmother and mother at a home in the 1600 block of East 25th Street in northeast Baltimore from the time of his birth in 1997 until 2001, court testimony revealed.
The $2,088,550 verdict in the case against Elliott Dackman, of The Dackman Company, was rendered Friday, finding him negligent in failing to maintain the home in accordance with Maryland law. Officials said Dackman was the principal person behind the company that owned the building, as well as another company, Jacob Dackman & Sons LLC, which managed it.
“All the landlord had to do was paint the house, and they didn’t,” said the plaintiff’s attorney, Bruce Powell, of the Law Offices of Peter T. Nicholl.
During the trial, experts testified that the boy suffered permanent brain damage that resulted in a loss of four to five IQ points, as well as several cognitive deficits, attention and focus problems, learning disabilities and behavioral problems.
“He’s been struggling in school up to this point, serious problems. He’s in high school. Last year, his GPA was below 1.0. (He’s) taking bridge classes and doing Saturday mornings to try and stay on track to graduate. It looks very iffy at this point,” Powell said.
Officials said in December 1997, the boy was tested and found to have a lead level of 12 micrograms per deciliter. That rose one point higher five months later, and eventually rose to 14 mcg/dl — more than double the Centers for Disease Control and Prevention’s reference level that’s used to identify kids with lead paint exposure. Read more
By Ruth Lamperd, Herald Sun
But the catastrophic effects of the Wunderlich factory in Sunshine North have not been revealed to residents despite owner CSR paying compensation to victims.
A five-month Sunday Herald Sun investigation can today reveal the tragic toll of Melbourne’s “factory of death”, which shut in 1983.
At least 16 people who grew up within 1km of the plant — none of whom worked there — have died of asbestos-related diseases, the latest on Thursday. Another eight are known to be sick.
Residents said that on some days asbestos would swirl in clouds above the suburb and a white powder would cover windows and car dashboards in the factory’s peak years from the 1950s until the 1970s.
Allan Brander grew up in a street north of the Wunderlich factory and spent many weekends riding his bike over hectares of waste.
His son, Damian, said his father died a painful death last year, five months after being diagnosed with mesothelioma. Read more
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“The disease ate him alive. If I grew up there I’d be concerned about my health now,” Mr Brander said.