Remediate the Midlands
2010 – Dow Chemical Company
WHEREAS: Contamination from Dow Chemical’s global headquarters stretches 52 miles through two river systems to the Saginaw Bay, which empties to Lake Huron, making it one of the largest contamination sites in the country. In the Saginaw River downstream of Dow’s Midland plant, dioxin levels have been measured above 1.6 million parts per trillion, the highest levels in the Great Lakes. The residential cleanup standard is 90 ppt.
The Environmental Protection Agency (EPA) charged Dow with delaying cleanup in 2005, 2006 and 2007. In 2007 and 2008 EPA ordered Dow to take immediate action to remove hazardous sediments in highly contaminated areas to protect public health. Recent media reports noted a 25-year history of inaction on the site.
A Dow-funded study confirmed increased levels of dioxin in the blood of residents living in the contaminated floodplain near Dow; median levels of blood dioxin were 28 percent higher than a comparison group. Fish, wild game consumption and soil contact advisories were issued by state agencies. EPA Administrator Lisa Jackson declared the contamination a “threat to public health in the communities in the area, to the vibrancy and diversity of the ecosystem, and to economic development.” In June 2009, the EPA intervened and negotiated a proposed Order on Consent using Superfund authority. Intervention was initiated because EPA determined the pace of remediation was inadequate.
Individuals representing 2,000 residents in the area, alleging the contamination lowers property values, are suing Dow Chemical. The class-action lawsuit seeks damages possibly totaling $100 million dollars.
A National Academy of Science review reaffirmed dioxin’s toxicity as a known human carcinogen. The report states, “There does not appear be a safe 'threshold' for dioxin's carcinogenic effects. Evidence has accumulated … that dioxin also causes many other health problems even at low levels, such as developmental problems in children, immunologic problems in children and adults, reproductive problems in adults, and diabetes." Dioxin has been called the 'new lead' because its effects on children can include impairments in basic functions, and because exposure is widespread.
Proponents believe that continued delays in characterization and remediation of dioxin exposures may lead to increase long term liabilities and reputational damage for Dow.
RESOLVED: Shareholders request that the Board of Directors issue a report to shareholders by April 2011, at reasonable cost and excluding confidential information, summarizing the pace and effectiveness of the environmental remediation process being undertaken by Dow near its Midland headquarters.
Supporting Statement
Proponents believe that such report should include goals to reduce human and wildlife exposure, estimates of the overall volume of dioxin contaminated soil and sediment alleged to be caused or affected by Dow Chemical and the portion that will have been removed or remediated on a year by year basis, for each of the next ten years; methods of remediation; and effectiveness of those methods at removing dioxin from waterways, floodplains and the food chain.