Today, the United States Supreme Court issued a ruling that sided with the State of Texas in attacking the EPA’s ability to place limits on the amounts of mercury, acids, and other toxins may be released from industrial giants. Justice Scalia, writing for the majority, held that the EPA must consider the cost of compliance before deciding whether regulation is appropriate. The ruling is considered a major victory for polluters.
Almost contemporaneously with the Supreme Court’s decision is this study which has found higher than normal cancer rates in eastern Harris County, i.e., the area around the refineries and other industries that make up the Houston Ship Channel. While the study doesn’t correlate the polluters to the causes of cancer, it is significant.
This is all very important for workers compensation because in recent years the Texas Supreme Court has made it difficult, if not impossible, to prove in workers compensation proceedings that an occupational disease like cancer is work related. Thanks to the US Supreme Court, polluters have the green light to go on polluting. Hopefully researchers will put more effort into these studies which show higher incidences of cancer in the areas of pollution. These neighborhoods are filled with the workers of these plants. If they can’t get justice before the Division of Workers’ Compensation, hopefully justice will come from somewhere. I grew up near there. I have two aunts who live there. Incidentally, both have had cancer.