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Bill Sent To Mo. Gov. Nixon Would Cap Lead Contamination Punitive Damages

(UPI)

One of two bills that would limit punitive damages in lead contamination cases is on its way to Governor Jay Nixon (D).

The provision is designed to protect Doe Run Resources Corporation from being inundated with lawsuits.  The company purchased old lead mining sites in St. Francois County in the 1990's, more than two decades after operations ceased.  Republican KevinEngler of Farmingtonrepresents that county in the Missouri House.  He says the company is making a good faith effort to remediate the affected sites.

"We've got to make a choice here," Engler said.  "Are wegonnahave Doe Run to be around to continue to employ hundreds of people in the mining industry in a very poor district, or are wegonnalet them have an unlimited amount of lawsuits that will line up, and where they just hide behind bankruptcy?"

The Doe Run language was added onto House Bill 650, in which the original intent was to name a Department of Natural Resources building after Robert E. Myers.  It would limit punitive damages in each lawsuit to no more than $2.5 million, but would also exempt Doe Run from any punitive damages if it's proven that they've made "good faith efforts to remediate" contaminated sites.  State RepresentativeJay Barnes (R, Jefferson City) spoke against the bill Wednesday night.  He says if Doe Run officials truly are the good guys, they shouldn't have to worry about being hit with multi-million dollar judgments.

"Bycoming before us and asking us to pass this bill, what the defendant in this case is doing is asking us to not allow those regularMissourians (on a jury)to make that decision based on actual facts that they get to hear," Barnes said.

Meanwhile, House and Senate negotiators are working on a second bill in which the $2.5 million cap may be adjusted to help insure that Governor Nixon doesn't veto it.

Follow Marshall Griffin on Twitter:  @MarshallGReport

Copyright 2013 St. Louis Public Radio

St. Louis Public Radio State House Reporter Marshall Griffin is a native of Mississippi and proud alumnus of Ole Miss (welcome to the SEC, Mizzou!). He has been in radio for over 20 years, starting out as a deejay. His big break in news came when the first President Bush ordered the invasion of Panama in 1989. Marshall was working the graveyard shift at a rock station, and began ripping news bulletins off an old AP teletype and reading updates between songs. From there on, his radio career turned toward news reporting and anchoring. In 1999, he became the capital bureau chief for Florida's Radio Networks, and in 2003 he became News Director at WFSU-FM/Florida Public Radio. During his time in Tallahassee he covered seven legislative sessions, Governor Jeb Bush's administration, four hurricanes, the Terri Schiavo saga, and the 2000 presidential recount. Before coming to Missouri, he enjoyed a brief stint in the Blue Ridge Mountains, reporting and anchoring for WWNC-AM in Asheville, North Carolina. Marshall lives in Jefferson City with his wife, Julie, their dogs, Max and Liberty Belle, and their cat, Honey.