In 2002, owners of land along the dioxin-contaminated Tittabawassee River were warned by the state to limit their childrens’ outdoor play because of the health risks associated with chemical contamination that has migrated downstream from Dow Chemical’s Midland facility.

Center Road passes over the Tittabawassee River near Saginaw (Michigan.gov photo)
This week, six years after those landowners filed a class action case against Dow [
NYSE:DOW] seeking compensation for property damage, the Michigan Supreme Court is expected to rule on whether the case may proceed as a class action.
“We are looking forward to getting a ruling from the court,” plaintiffs attorney Teresa Woody said in an interview.
Woody said that, if certified, the class could contain around 2,000 people who own property within the Saginaw County portion of the 100-year floodplain of the Tittabawassee River.
The Michigan Department of Environmental Quality has identified Dow Chemical as the primary source of dioxin contamination in the Tittabawassee River and its floodplain.
The contamination has spread downstream from Dow’s Midland plant through the Tittabawassee and Saginaw rivers and into Lake Huron’s Saginaw Bay.
The U.S. Environmental Protection Agency recently assumed responsibility for negotiating cleanup of most of the contaminated zone, and has promised to treat the area like a Superfund site.
Dow has argued that the group should not be allowed to sue as a class because the level of contamination on individual properties varies.