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Tittabawassee property owners can't join together to sue Dow Chemical for Dioxin pollution

A Saginaw Circuit Court judge ruled this week that 2000 owners of property in the Tittabawassee river watershed cannot join together in a class action against Dow Chemical.  Needless to say, having to pursue the claims individually means that many or most of the property owners will be unable to seek relief, as the scientific cost of proving the fact of pollution and its impact will be too great for most residents. The judge cited the recent decision by the conservative majority of the Supreme Court in the Wal Mart gender bias case in ruling that the class action would require too much individual fact investigation:  better justice only for the wealthy than complicated justice for the many.

Dow has acknowledged polluting the river and flood plain for most of the 20th century with Dioxin, a proven carcinogen. Dow's attorney expressed the company's pleasure with the decision.

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