51黑料

The bill would limit lawsuits by people who say they have suffered injuries from exposure to lead mine tailings and chat piles in St. Francois County. The Doe Run Resources Corp., which owns the old mining sites, would face no more than $2.5 million in punitive damages for each 锘縧awsuit.

The Senate added the provision Wednesday evening to naming a state Department of Natural Resources building. The bill morphed into a 165-page environmental bill.

In a late-night session, the House agreed to the Senate changes and passed the bill, 94-63. Nixon has not stated a position on the issue.

Doe Run, which operates a smelter in Jefferson County and mining operations in Reynolds County, has said that huge damage awards could force it to go out of business.

The company鈥檚 worries mounted after a 51黑料 jury assessed $320 million in punitive damages in 2011 against Fluor Corp. for lead pollution in Jefferson County.

鈥淲e鈥檝e got to make a choice here,鈥� said Rep. Kevin Engler, R-Farmington. 鈥淎re we going to have Doe Run to be around, to employ hundreds of people in the mining industry, to do the remediation, or are we going to have an unlimited number of lawsuits?鈥�

Under the bill, the company would be exempted from punitive damages if it was deemed to be 鈥渕aking good-faith efforts to remediate鈥� contamination at the St. Francois County sites. Actual damages 鈥� for health problems and lost earnings 鈥� could still be assessed.

Doe Run is facing numerous lawsuits. Some were filed before 2005, when legislators passed a law capping punitive damages at $500,000, or up to five times the compensatory damages for health problems and lost wages. The pre-2005 suits don鈥檛 fall under that cap.

One such lawsuit in 51黑料 Circuit Court was filed on behalf of Charles and Abbigale Burnia, who grew up near the Desloge chat piles.

The petition filed by their mother says careless management and storage of the lead waste left her children with physical and psychological injuries, including learning disabilities and permanent disabilities.

Their attorney, Maurice Graham of 51黑料, said he was surprised by the legislation that attempts to rein in the suit.

鈥淚 believe most lawyers, judges and law professors would see it as special legislation,鈥� which is barred by the Missouri Constitution, he said.

He also questioned whether the bill could affect lawsuits already filed.

The Missouri Association of Trial Attorneys opposed the bill. But some legislators who are usually aligned with that group parted ways with the attorneys, citing the need to keep Doe Run financially viable.

鈥淚 am sympathetic to 鈥� the view of the plaintiff, that they should be made whole and have unfettered access to the courts,鈥� said Rep. Jeff Roorda, D-Barnhart. 鈥淏ut there鈥檚 got to be something left to award them.鈥�

Engler, who represents part of St. Francois County, pooh-poohed the personal injury suits, saying children routinely played on the chat piles.

鈥淚 can tell you by living there, the people think it鈥檚 an outrage that the people who have lived around these sites for years now suddenly are saying, 鈥極h no, no, no. Thirty or 40 years ago, when we played on the chat dunes, that had an effect on us.鈥欌��

Doe Run says it has spent tens of millions of dollars cleaning up the old mine sites, under orders from the U.S. Environmental Protection Agency.

Rep. Jay Barnes, R-Jefferson City, said that wasn鈥檛 a reason to absolve the company of legal blame. That would be a matter for a jury of 鈥�12 ordinary Missourians鈥� to decide after hearing evidence from both sides, he said.

He questioned why Doe Run needed protection.

鈥淚f they鈥檙e as good as they say, they shouldn鈥檛 have much to worry about from the punitive damages award,鈥� Barnes said.

Likewise, Senate Minority Leader Jolie Justus, D-Kansas City, expressed reservations about the bill.

鈥淭his is legislation for one company,鈥� she said. 鈥淲e鈥檙e setting a dangerous precedent.鈥�

The bill is HB650.