Patrick Blanks v. Fluor Corporation (2014)

Citation: Patrick Blanks v. Fluor Corporation (2014) (a)
Parent Document: Patrick Blanks v. Fluor Corporation (2014)
Jurisdiction: Missouri (state)
Effective Date: 2014-06-17
Original Source: https://www.courtlistener.com/opinion/2678642/patrick-blanks-v-fluor-corporation/ ↗

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(a) Permitted lead and other harmful metals and substances to be mined, generated, smelted,
       processed, released, dumped, deposited and placed into the air and deposited onto the
       land when defendants knew, or by the exercise of ordinary care should have known, that
       the mining, generating, smelting, releasing, dumping, depositing, handling, storing,
       treating, transporting, loading, unloading and disposing of such toxic substances was
       dangerous and harmful to the public, and more particularly, plaintiffs;
   (b) Failed to adequately and properly monitor and control the emissions and release of lead,
       metals and toxic substances into the air and environment by failing to report and act, or to
       timely report and act, upon instrument readings and warnings, and by utilizing, and knew
       or should have known of the utilization of, equipment and instruments which were altered
       and not adequate or proper and/or which were not adequately or properly calibrated or fit
       or suitable for use;
   (c) Doe Run defendants failed to adequately and properly supervise the safe mining,
       generating, smelting, releasing, dumping, depositing, handling, storing, treating,
       transporting, loading, unloading and disposing of the aforedescribed lead, metals and
       other substances;
   (d) Doe Run defendants failed to adequately and properly control the mining, generating,
       smelting, releasing, dumping, depositing, handling, storing, treating, transporting,
       loading, unloading and disposing of the aforedescribed lead, metals and other substances;
   (e) Doe Run defendants failed to adequately and properly contain the mining, generating,
       smelting, releasing, dumping, depositing, handling, storing, treating, transporting,
       loading, unloading and disposing of the aforedescribed lead, metals and other substances;
   (f) Failed to warn, or to adequately warn, the public, and more particularly plaintiffs, and
       children, parents, school administrators, church officials and residents of Herculaneum,
       of the dangers, hazards, and risks of exposure to lead, metals and substances mined,
       generated, smelted, processed, released, dumped, deposited, handled, stored, treated,
       transported, loaded, unloaded and disposed of by defendants;
   (g) Doe Run defendants mined, generated, smelted, processed, released, dumped, deposited,
       handled, stored, treated, transported, loaded, unloaded and disposed of the lead, metals,
       and substances aforedescribed in a harmful and dangerous manner;
   (h) Doe Run defendants violated environmental standards, statutes and regulations, including
       but not limited to: section 643.151 Revised Statutes of Missouri stating that it is unlawful
       to pollute the air; 10 CSR 10-6.010 entitled “Ambient Air Quality Standards,: and 10
       CSR 10-6.120 entitled “Restrictions of Emissions of Lead From Primary Lead Smelter-
       Refinery Installations.”

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