Showing posts with label Lawsuit. Show all posts
Showing posts with label Lawsuit. Show all posts

Tuesday, February 15, 2022

Data confirms (again) high concentrations of toxic railyard contaminants

 Newly released measurements of contaminants in soil and groundwater samples taken from Lafayette’s abandoned downtown railyard again confirm railyard contamination and further add to our concerns (Bray, 2021; Goodell, 2022). These measurements show that: 

  • There are high concentrations of toxic contaminants in the soil and water beneath the downtown Lafayette abandoned railyard. 

  • Contamination has spread down into the Chicot aquifer.

  • High contaminant concentrations were measured up to the railyard property boundary.

  • It is reasonable to assume that during the past century contamination has flowed past the railyard boundary and is impacting neighbors’ health and reducing the uses and value of their property.

These new measurements clearly show that renewed action by state LDEQ and US EPA is not only justified, but essential to limit further damage to the Chicot drinking water aquifer, to limit damage to property bordering the railyard, and to protect citizens on property near the railyard from exposure to toxic contaminants. Sampling has never been performed under neighboring homes, businesses, and public places just beyond the railyard property boundary.

The newly available measurements of railyard toxic contaminants were made available in a live update, press release, and court filing on January 4, 2022, by attorney Bill Goodell (2022), and in a related report by consulting geologist Brent Bray (2021). Goodell is prosecuting a public environmental  lawsuit to force the Union Pacific Railroad Company to conduct a comprehensive vertical and horizontal assessment and to remediate soil and groundwater so that the site meets all regulatory cleanup standards in lieu of state and federal agencies who have failed to exercise their authority to do so despite actual notice of the site contaminant levels and conditions. This new groundwater sampling was initiated by the Louisiana DOTD as they performed a decades-late site assessment on land proposed for the Lafayette I-49 Connector. 

The conclusions listed above are clear from the data despite the very limited sampling that was performed. The sampling was limited to a very small number of test borings, the sampling sites were spread over only a portion of the abandoned railyard, and no samples were drawn outside of the historic railroad property boundary. Additionally, only a limited number of contaminants were tested for. Despite these limitations, Bray’s report was able to estimate the horizontal spread of total petroleum hydrocarbons, TPH, over a portion of the former railyard property (Figure 1).

Contamination of the railyard property occurred over more than six decades. Our old railyard in downtown Lafayette serviced trains on the heavily trafficked line from Houston to New Orleans from the 1890’s until it was abandoned in the 1960’s. In 1880, before the rail line came to Lafayette, Lafayette’s  population was 817; by 1900 an influx of rail workers and their families along with families of workers in associated businesses swelled the population to 3000. For decades the railyard was our major employer. This facility provided many rail services beyond switching railcars. Lafayette was the divisional rail office. The railyard included a roundhouse, engine repair shop, boiler cleaning shed, machine shop, railcar repair shop, brake shop, lumber building with outdoor lumber piles, auto and truck repair shops, grease house, laundry, hotel, passenger and freight terminals, dynamite shed, blacksmith shop, and a power house. There was also at least one gasoline storage tank in the yard, and coal storage. Stock pens held animals for shipment. An oil/water separator and crude oil storage tank were provided for oil awaiting shipment. Fuel tanks stored heavy bottom oil for the original steam trains, and later there were tanks for the diesel fuel as engines transitioned to this newer technology. Both steam and diesel engines were fueled through overhead fuel lines that ran along the tracks. 

It is not surprising that our railyard, like many others around the world, was contaminated with spilled and leaked fuels, spilled and dumped machine cleaning solvents, and wood preservative. As at other old rail sites like ours, we have soil contamination from asbestos (from steam train boilers), and heavy metals including arsenic (herbicide/pesticide), mercury (steam manometers), and lead (batteries). In many other former railyards these hazards have been or are now being cleaned-up or extensively mitigated - but not ours. This is not acceptable.    

To sum up, newly available information confirms what was already known, that Lafayette’s abandoned railyard downtown is heavily contaminated. Measurements found contamination at levels far exceeding relevant LDEQ criteria. This contamination has flowed into our underlying drinking water aquifer, and has probably spread under neighboring residential, commercial, and public properties.


Now, we ask again that our local, state, and federal leaders act to safeguard the health and property of our citizens. 


For more information: 

  • Follow this link to attorney Bill Goodell’s January 4, 2022, press release. 

  • Geologist Brent Bray’s report dated March 18, 2021, which was cited in that press release is included in the amending petition filed  January 4, 2022. Mr. Bray’s report may be requested by emailing Erika Boehmer, Burns Charest LLP, eboehmer@burnscharest.com.  


Figure 1: Inside the white border, total petroleum hydrocarbons (TPH) spread is estimated from the new measurements. This is overlaid on an aerial view of the surrounding community.


Thursday, June 7, 2018

What percent of known railyard contaminants are monitored by LUS in our well water?

In their letter delivered in March 22, 2017 to our City/Parish Council and Mayor/President , the Acadian Group of the Sierra Club and WaterMark Alliance made ten recommendations describing actions which are needed to protect the public's health and property. To date, our city "leaders" have not even shown the courtesy of acknowledging receipt of that letter, and have given no public indication that they are considering any of the recommended actions to protect their constituencies.

In that letter, recommended action #3 was to (emphasis added):
"Intensify sampling of well water by increasing the frequency of sampling and adding contaminants for analysis to include all known or suspected contaminants present on the surface or in the surficial aquifer (groundwater just below the surface)."
Why was increased water well monitoring by LUS recommended? Consider these facts that undergird the rationale for improving LUS's water well monitoring and highlight the urgency :



You might have assumed that our LUS well water is already being frequently tested for all contaminants that reasonably might get into our drinking water. You would be wrong in that assumption! Currently, LUS monitors and reports only a generic list of contaminants at a frequency of once every three years in each of our municipal drinking water wells.

To estimate just what fraction of known organic contaminants from nearby contaminated sites are monitored and reported by LUS, I searched through the supporting exhibits filed in court by the complainants in their lawsuit against the Union Pacific railroad.

From the lawsuit exhibits, I compiled a list of all named organic contaminants that were detected and documented in samples from the railyard site (Tables 1-2). That list of railyard contaminants is based on only a few samples and is quite unlikely to include all of the organic contaminants that will eventually be discovered at the railyard site. However, the list does give us a basis to estimate what fraction of railyard contaminants are monitored from our drinking water wells. If you have an interest in seeing a separate list of specific chemical names, you can view the list of contaminants by clicking here.

Results -  In the railyard lawsuit exhibits, a total of 49 organic contaminants were reported as being detected.  Of these, only 15 (31%) are currently monitored and reported by LUS (Figure 1, and Tables 1-2).
Figure 1.  Only 15 of the 49 organic contaminants detected at the abandoned railyard are monitored and reported water from the LUS drinking water wells.


So, returning to the question in the title: "What percent of known railyard contaminants are monitored by LUS in our well water?" The answer: About 31%, less than one third of known contaminants are monitored in our drinking water wells and publicly reported by LUS!

Furthermore, even for the 15 monitored contaminants, each well is sampled at the astonishingly low frequency once every three years. This fact led to the other requested action in the citizens' letter - to increase frequency of sampling. Implementing increased monitoring frequency is particularly important for the LUS water wells which already have had a detection of a surface contaminant. As with the other citizen recommendations, there is no indication that LUS and our city's "leaders" have ever considered this recommended action.

And, one last word - Note that in Lafayette LUS has reported detection of contamination that must have originated from near the ground surface, but, to the author's knowledge LUS has never detected any organic contaminants in untreated Lafayette well water that exceeds EPA maximum contaminant limits for protection of human health (MCLs). The concern being raised here and in the recommendation letter is that the observation of any surface contaminants in our well water is evidence of contaminant breakthrough. That is, we are seeing the beginning of surface contamination reaching our water supply.

The increased monitoring requested in recommendation #3 is just one of the actions needed to better safeguard our citizens and ratepayers. LUS management under the guidance of our local political leadership have the constitutional duty to safeguard public health, and to ensure protection of LUS ratepayers by ensuring that the parties responsible for the contamination pay all costs of additional monitoring, remediation, and any/all added costs of treatment.
____________________________


Table 1. This table lists the 15 contaminants known to be present at the abandoned railyard and monitored/reported by LUS in untreated well water samples taken once every 3 years. Of these monitored contaminants only 1,4-Dichlorobenzene has to-date been detected in LUS well water.

CAS No. Contaminant
100-41-4 Ethyl Benzene
100-42-5 Styrene
106-46-7 1,4-Dichlorobenzene
107-06-2 1,2-Dichloroethane
108-88-3 Toluene
127-18-4 Tetrachloroethene
156-60-5 Trans-1,2-Dichloroethene
50-32-8 Benzo(a)pyrene
71-43-2 Benzene
71-55-6 1,1,1-Trichloroethane
75-09-2 Methylene Chloride
79-01-6 Trichloroethene
95-50-1 1,2-Dichlorobenzene
74-95-3 Dibromomethane
N/A M, P-Xylenes


Table 2.  This table lists the 34 contaminants known to be present at the abandoned railyard and not monitored/reported by LUS in untreated well water samples taken once every 3 years.

CAS No. Contaminant
103-65-1 n-Propylbenzene
104-51-8 n-Butylbezene
108-67-8 1,3,5-Trimethyl-Benzene
120-12-7 Anthracene
129-00-0 Pyrene
193-39-5 Indeno(1,2,3-cd)pyrene
205-99-2 Benzo(b)fluoranthene
206-44-0 Fluoranthene
207-08-9 Benzo(k)Fluoranthene
208-96-8 Acenaphthylene
218-01-9 Chrysene
541-73-1 1,3-Dlchlorobenzene
56-55-3 Benzo(a)anthracene
594-20-7 2,2-Dichloropropane
67-64-1 Acetone
67-66-3 Chloroform
74-97-5 Bromochloromethane
75-15-0 Carbon disulfide
75-34-3 1,1-Dichloroethane
79-69-4 Trichlorofluoromethane
83-32-9 Acenaphthene
85-01-8 Phenanthrene
86-73-7 Fluorene
91-105-134 Alkyl benzene
95-47-6 0-Xylene
95-49-8 2-Chlorotoluene
95-63-6 1,2,4-Trimethylbenzene
95-63-6 1,2,4-Trimethylbenzene
98-82-8 Isopropytbenzene (Cumene)
540-59-0 1,2-Dichloroethene
91-57-6 2-Methylnaphthalene
N/A CIS-1,2-Dichloroethane
N/A dimethylnaphthalene
135-98-8 Sec-Butylbenzene






Tuesday, April 17, 2018

More evidence of the contamination is discovered: News Conference, April 11, 2018

Figure 1. Attorney Bill Goodell pictured
here at an earlier meeting in 2017.
On April 11, 2018, attorney Bill Goodell addressed a press conference in downtown Lafayette to inform citizens and our civic leaders of the discovery of additional data showing that contamination has not only entered our drinking water aquifer below the now abandoned railyard downtown, but that this contamination has been flowing into our aquifer for at least a quarter century. Mr. Goodell is the the plaintiff's attorney in a lawsuit against the Union Pacific Railroad seeking cleanup of this site. In his press release, Mr. Goodell stated 
"Recently discovered reports in LDEQ public records require amendment of the existing petitions to formally incorporate newly discovered facts. ... October 1993 Chicot Aquifer testing done by Union Pacific’s own environmental experts ARCADIS Geraghty and Miller and filed with LDEQ on January 12, 1994 proves that hazardous/toxic benzene has leaked from the Facility into the Chicot Aquifer and fouled the City of Lafayette’s drinking water source in violation of a slew of state environmental laws and prohibitions. Union Pacific should have but did not discuss this benzene in the Chicot with the LDEQ,"   
You can read the full press release by clicking here.

The press conference was reported by at least 3 of our local news media outlets:
In these reports, our LUS leadership replied that our Lafayette drinking water meets current human health maximum contaminant criteria. This fact, however, was never mentioned or disputed by Mr. Goodell. The now well documented fact that our water source is being contaminated by the railyard is never mentioned by LUS or local government leaders. Once again our government's representatives have resorted to a straw man fallacy in an apparent attempt to deflect the public's outrage at their inaction. 

I have never heard the attorney for the plaintiffs, Mr. Bill Goodell, say that LUS drinking water is currently unsafe; that is not yet the issue. The issue is that the source of our drinking water for our city and parish, the Chicot Aquifer, is contaminated just a short distance from our downtown water well intakes, and that contamination is almost certainly being slowly drawn toward the inflow our water well intakes. 

For more than a century the Chicot Aquifer has been a source of plentiful high-quality water for our residents. The spread of contamination in the vicinity of our wells must be stopped. Man-made substances have already been detected in some of our downtown wells. Action is needed now! If we wait until the contaminant concentrations at our wells violate health limits it will be practically impossible to restore the aquifer.

We need to begin planning now for remediation of the contaminated aquifer and require the responsible party to pay for this cleanup. We need testing to determine the extent of contamination. Why would our city/parish officials oppose this?

Over a year ago, the Sierra Club and Water Mark Alliance sent a letter to our elected parish leaders expressing concern about the railyard and asking that ten specific actions be taken. To date, these citizens have not even received the courtesy of an acknowledgement.  Why are our government's elected officials stonewalling the public's call for action?

Figure 2. The abandoned railyard is designated here by shading. LUS's 
drinking water wells are a few blocks beyond this map's northern border.

Friday, November 17, 2017

An Update on the Railyard Lawsuit

Attorney Bill Goodell speaks at the
January 2017 Y-49 public meeting 
The lawsuit asking that the Union Pacific Railroad take action on its abandoned railyard in downtown Lafayette received a lot of attention in our community and the press in 2016. However, for most of 2017 little has been discussed or reported on the railyard lawsuit.  It is therefore time to review the lawsuit and its present status.


In February of 2016, The legal team for the lawsuit plaintiffs - the Salvation Army, et al. - filed a petition with the court against defendants including - the Union Pacific Railroad, and the Southern Pacific Motor Company. The lawsuit was reported in all of the Lafayette local newspapers throughout 2016 (see the list of articles at the end of this post). In press releases in 2016, the plaintiff's attorney, William Goodell, summarized the case. Goodell's February 2016 news release read in-part:

Despite an Environmental Impact Statement, two prior lawsuits, piecemeal testing, and decades of environmental regulatory agency “oversight”, no meaningful action has been ordered, much less taken, to require a comprehensive assessment of the environmental impact.
Soil and shallow groundwater testing on file at the LDEQ confirms the presence of a toxic stew of “Superfund” hazardous substances perilously perched atop the Chicot Aquifer; yet, available LDEQ records reveal no testing or cleanup in the Chicot has ever been ordered or performed.
The documented contamination at the site constitutes an illegal, imminent, and substantial endangerment to the health and safety of Plaintiffs and the entire Lafayette community.
A comprehensive, site-wide assessment of the former rail yard is necessary to design a meaningful cleanup of the former rail yard and adjacent areas, to eliminate the threat it poses to the Chicot Aquifer, to prevent further contaminant migration, and to protect the entire Lafayette community.
The suit challenges Defendants to meet with Plaintiffs’ attorneys and experts and LDEQ to promptly:
  1. Accept responsibility for this environmental damage;
  2. Develop and adopt a mutually agreeable comprehensive assessment plan that will identify and characterize all contaminants throughout the entire site;
  3. Define the horizontal and vertical extent of that contamination both on and off site; and
  4. Adopt a timeline to properly and expeditiously clean up Defendants’ toxic legacy to the Lafayette community.  ...
The lawsuit alleges a failure to warn the people of Lafayette of the dangers that the rail yard contamination presents, and that:
“In the past and to this very day, Defendants actively concealed and intentionally failed to disclose evidence of the ... contamination despite clear knowledge of it and its dangers to Plaintiffs and the Lafayette community.”

On December 14, 2016, plaintiff's attorney William Goodell issued a press release further detailing what is known about contamination at the site, and calling for our political leaders in Lafayette government and our Louisiana state agencies to "embrace" their constitutional "responsibilities as public trustees and do the right thing." In a further press release on December 20, 2016, Goodell warned against continuing to pursue I-49 Connector land acquisition and construction until the Union Pacific Railroad (UPR) has responded to demands to survey and clean up their contamination. He warned specifically that


  • I-49 Connector construction will increase damage to the aquifer from UPR contamination and make public entities involved partially liable for the aquifer damage
  • I-49 Connector construction will make cleanup of UPR aquifer contamination more difficult, more expensive, and more time consuming—if not impossible
  • UPR rail yard cleanup as a part of the I-49 Connector construction project will make taxpayers foot the bill for UPR responsibility


I have noted public misunderstanding and some individuals stating wrong "facts" concerning the railyard lawsuit. As I have discussed this case with others in the community, or read their social media commentary, I have been surprised to hear otherwise well-informed people saying, for example, that I, Mike Waldon, sued the railroad (I did not!), that the Sierra Club sued the railroad (they did not!), and that the plaintiffs sued the city government (they did not!). Others have implied to me that this  lawsuit is backed up by little evidence of any serious risk coming from the old railyard - nothing could be further from the truth!


Since December, I am unaware of any media coverage of the railyard lawsuit. So, you may ask "what is the current status of the suit? For almost one year the legal fight has been over whether the proceedings should move forward in a federal or a state court. The plaintiffs initially filed in state court, but the defendants argued that it should be moved to federal court. This question has finally been answered, and a state court will hear the case. With that question resolved, we should begin seeing substantive legal progress in the coming months.

Related Lafayette News Articles




Daily Advertiser February 1, 2016, Lawsuit filed over contamination in I-49 corridor




The Independent December 20, 2016, Contamination lawsuit moving forward