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Chemfab, which is now owned by French multinational chemical firm Saint-Gobain, is being sued by affected Bennington residents who are seeking funds to pay for medical monitoring. Their legal case has illustrated how difficult that can be. Emily Joselson, an attorney representing the Bennington residents, told the judiciary committee Wednesday that there’s more at stake than insurance rates and real estate. Her own clients, having discovered years ago that Chemfab had poisoned their wells, are still in court hoping that Saint-Gobain will be required to pay for medical monitoring to detect illnesses resulting from Chemfab’s industrial toxicants, she said. With or without S.197, she said, Vermonters will always face an uphill battle when they try to force businesses to pay for harms their pollution causes. Most Vermonters don’t have the resources to effectively fight for compensation for their injuries, she said. “These suits are really difficult to bring, and really expensive, and really easy to lose,” Joselson said. An attorney who often represents people harmed by polluters, Joselson said S. 197 would offer a small but meaningful improvement in the law for Vermonters who through no fault of their own suffer harm from toxic pollution. It’s a matter of justice for Vermonters who otherwise would be unable to afford protracted legal battles, Ken Rumelt, a professor at Vermont Law School, told lawmakers. “If you’re harmed, and someone else did it and they were in a position to prevent it from happening, and you’ve done nothing wrong, the other side should be liable, period,” Rumelt said.
For the original version including any supplementary images or video, visit https://vtdigger.org/2018/04/18/toxic-pollutants-bill-opposed-insurance-industry-real-estate-agents-gov-scott/
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