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Environment & Energy Report

Dow Chemical Can’t Shake Dioxin Nuisance Claims

June 2, 2017, 3:17 PM

Dow Chemical can’t evade class action claims filed by Michigan property owners stemming from dioxin releases that occurred in the 1980s, a Michigan appeals court ruled (Henry v. Dow Chem. Co., 2017 BL 185577, Mich. Ct. App., 328716, 6/1/17).

The land owners’ negligence and nuisance claims are timely because they were filed within three years of learning that dioxins might have spread to their properties, the court said.

The statute of limitations began running in February 2002 when the environmental department released a notice that there was a possibility of dioxins in the soil of those living in...

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