Brockovich firm files Fennville lawsuit

FENNVILLE, Mich. (WOOD) - Erin Brockovich's New York-based law firm filed a lawsuit Monday against Birds Eye Foods, claiming waste water from the industrial processes at the plant seeped into nearby residents' groundwater.

The famed environmental activist believes the company contaminated groundwater in Fennville. The firm for which she consults, Weitz & Luxenberg PC, filed the federal suit on behalf of more than 70 residents.

The seven-count complaint alleges Birds Eye Foods sprayed the water on fields around its plant, which created a chemical reaction that spoiled the drinking water of 150 homes near the facility. That wastewater triggered a chemical reaction in the soil, causing unsafe levels of manganese, arsenic and iron to leach into the groundwater that feeds Fennville residents' wells.

Residents say this lawsuit is a step forward. They want Birds Eye Foods to stop spraying waste water and be compensated for lost property value and quality of life.

From patches in her grass to an orange discoloration on the inside and outside of her house, Fennville resident Kari Craton said it's all in the water. Groundwater contamination is a battle she has fought since she moved into her home in 2005.

"As far as the health risks, I worry about the kids (and) the animals," Craton said.

The Michigan Department of Environmental Quality has tested and found higher-than-acceptable levels of heavy metals. After years of trying to work with local and state officials to resolve the problem, Craton and others enlisted the help of Brockovich.

"I feel very appreciative to have them on our side -- to try and work us through this maze, to try and get our lives back," Craton said.

"(Birds Eye feels) that they're just above and beyond and continue to spray."

She has had to dig four different wells to try and obtain cleaner water.

Several years ago, Michigan ordered Birds Eye to provide bottled water, which it did.

But there's no way Craton could sell her house, she said, because she is legally bound to disclose the contamination.

"The property values are down," Craton said.

The contamination lowers the property value of everyone with a Fennville address, she said, even for those who live outside the plume.

Now, there's a plan to bring Fennville city water to the homes to replace the contaminated wells. The project would cost nearby $4 million.

24 Hour News 8 has not heard back from Birds Eye for comment, but word of the suit came down after business hours. We will keep you updated if the company provides a response.

Brockovich was made famous in a Hollywood portrayal of her fight against big-company contamination, which starred Julia Roberts.

In 2000, Coca-Cola North America and state officials negotiated an agreement to resolve groundwater contamination caused by wastewater sprayed from the firm's Minute Maid juice plant onto fields in Paw Paw. Coke agreed to pay a $50,000 fine, build a $7-million water treatment system and stop spraying.