Practice Areas > Environmental Litigation
At Korein Tillery we have a team of attorneys and litigation support personnel that vigorously prosecute environmental contamination cases. These cases often involve lengthy and painstaking pre-trial discovery, extensive research, detailed scientific analysis and thorough investigation. KT is fully qualified and eager to take the steps necessary to prepare these cases for trial.
Representative Matters
Holiday Shores Sanitary District v. Syngenta Crop Protection, Inc. and Growmark, Inc., No. 04-L-710; Holiday Shores Sanitary District v. Drexel Chemical Co. and Growmark, Inc., No. 04-L-709; Holiday Shores Sanitary District v. Makhteshim-Agan of N. Am. Inc., and Growmark, Inc., No. 04-L-712; Holiday Shores Sanitary District v. United Agri Products, Inc. and Growmark, Inc., No. 04-L-711; Holiday Shores Sanitary District v. Dow Agrosciences, LLC, and Growmark, Inc., No. 04-L-713; Holiday Shores Sanitary District v. Sipcam Agro USA Inc. and Growmark, Inc., No 04-L-708. Lead Counsel: Stephen M. Tillery, Christine J. Moody and Stephen A. Swedlow. (Add'l Counsel: Scott Summy, Baron & Budd, P.C.). Korein Tillery represents a rural Illinois water supplier in six cases against the manufacturers of atrazine. Atrazine is an herbicide that breaks down into degradent chemicals that are unsafe for human consumption in any amount. Atrazine is considered so dangerous to humans that it is not allowed to be registered for use in the European Union. Approximately 1,200 public drinking water systems are currently contaminated with atrazine.
Holiday Shores Sanitary District seeks to represent a class of water suppliers that have atrazine contamination in their water supply at any level, including those levels which fall below the EPA's maximum contaminant level. The defendants in each of the six actions sought to dismiss the case in part because Plaintiffs seek damages for water contamination falling below EPA contamination guidelines. However, on July 5, 2008, the Illinois Circuit Court ruled that Plaintiffs could proceed with their claims and denied defendants' motions to dismiss. Stephen M. Tillery of Korein Tillery argued the motion on behalf of the plaintiffs. The cases are currently pending in the Third Judicial Circuit of Illinois. Click here to view EPA data on Atrazine from the Huffington Post.
Graham v. Shell Oil Co. and Exxon Mobil Co., 01-L-1472 (Ill.Cir.Ct. Oct. 24, 2007); Village of East Alton v. Piasa Mot. Fuels, Inc. and Thomas Oil. Co., Inc., No. 01-L-1171 (Ill.Cir.Ct. Apr. 11, 2008). Lead Counsel: Stephen M. Tillery and Christine J. Moody. (Add'l Counsel: Scott Summy, Celeste Evangelesti, Baron & Budd, P.C.). Methyl tertiary butyl ether ("MTBE") is a gasoline additive that has a chemical attraction to water. MTBE mixes so well with water that it spreads its toxic plumes faster and farther than any other component of gasoline. Once MTBE is released into the environment and permitted to contaminate groundwater, its foul taste and odor may render the water virtually unusable, unfit for human consumption and costly and difficult to remediate. Korein Tillery, along with attorneys from Baron & Budd, P.C., filed these actions seeking damages from Shell and Exxon Mobil for breach of their duty to ensure that MTBE would not pose an unreasonable risk to groundwater. Following years of litigation, the litigation against the Defendants was terminated, the terms on which are confidential.
In re Methyl Tertiary Butyl Ether ("MTBE") Products Liability Litig., 175 F.Supp.2d 593 (S.D.N.Y. Aug 20, 2001). Stephen M. Tillery was court-appointed co-lead counsel in this MTBE litigation which was consolidated for pretrial purposes in the Southern District of New York. The MTBE litigation involved the claims of private well owners throughout the country whose water wells are either contaminated or threatened with contamination by MTBE, a chemical added to gasoline for its octane-enhancing and allegedly cleaner-burning characteristics.
If you would like to contact an attorney regarding this area of law, please email your request to: contact@koreintillery.com