Below is a letter Lennar issued to homeowners in response to the issues raised by Erin Brockovich. This is a very interesting letter that is apparently very well researched.
Dear Lennar Homeowner:
On Tuesday May 6, Erin Brockovich is scheduled to make her third appearance in Charleston as part of a public relations campaign that has alarmed residents of Wescott Plantation into thinking their families and their new homes have been poisoned by hazardous chemicals.
As you know, the U.S. Environmental Protection Agency conducted extensive testing of 19 Wescott homes. In October, the EPA issued a final report that concluded there was no risk to homeowners posed by methane and no release of other hazardous substances in the community. The full report is online at: http://www.epaosc.net/doc_list.asp?site_id=3271
Nevertheless, the scientific evidence produced by the EPA has not stopped Ms. Brockovich from pursuing her agenda. On Tuesday, she is expected to unveil "findings" regarding the existence of dangerous levels of benzene and other hazardous chemicals. She is expected to continue to promote interest in a potential class-action lawsuit seeking millions of dollars in damages. Click on: http://www.wcbd.com/midatlantic/cbd/news.apx.-content-articles-CBD-2008-05-01-0031.html
In our view, Ms. Brockovich is attempting to generate sensational media interest. This should not be confused with the real facts.
A case in point is Ms. Brockovich's activities regarding Beverly Hills High School in California. Parents and students were scared by allegations that oil wells on campus were spewing "alarming" levels of benzene and that hundreds of school staffers and alumni had become sick with cancer. Ms. Brockovich refused to show her test results to the school district or city officials. Instead, she held a meeting at the Beverly Hills Hotel that was attended by 600 people who were asked to fill out questionnaires to document their illnesses. The results of her "investigation" were aired by the local CBS affiliate in an exclusive report titled "Toxic School?" The report began: "If your child goes to Beverly Hills High School, you should pay specific attention to this story, because there is growing evidence that going to school, sitting in classrooms, and especially exercising on the play fields could have your child breathing toxic fumes." Shortly thereafter, Ms. Brockovich's lawyers filed a lawsuit on behalf of more than a thousand plaintiffs.
Despite all of the publicity, the case was dismissed by the court. In his ruling, Los Angeles Superior Court Judge Wendell Mortimer Jr. wrote: "None of plaintiffs' experts can name any authoritative textbooks, peer-reviewed articles, regulatory organizations or scientific bodies that say that benzene causes any of the diseases involved in this case." Judge Mortimer concluded that the exposure levels to benzene endured by Ms. Brockovich's clients were "trivial." For a copy of the ruling, click on:
http://www.cjac.org/publications/news/files/Brockovich%20Opinion-121906.pdf
In October of last year-only one week after Ms. Brockovich held her last press conference in Charleston-Judge Mortimer ordered the lawyers working with Ms. Brockovich to reimburse taxpayers $450,000 for the cost of defending a similar lawsuit. See news release at:
http://www.beverlyhills.org/presence/connect/CoBH/Homepage/Local+Government/News+Room/News+Releases/LG-CM-Press_Release_Oil_Well_Litigation?QUERY=wendell+mortimer
Now Ms. Brockovich is teaming up with some of the same lawyers to generate lawsuits here at Wescott. However, the facts are that the EPA in its final report has concluded that there is no risk posed by methane or other hazardous substances to homeowners in the Wescott community. As the company has told Ms. Brockovich and her associates in the past, Lennar remains eager to assess the results of any testing her experts may have conducted. To date, she has refused to share them with the company. If any credible information exists regarding health concerns in Wescott, Lennar is prepared to respond promptly.
In the meantime, to assist in evaluating Ms. Brockovich's credibility, I believe it is important that you are aware of some additional public information:
In the Beverly Hills High case, Ms. Brockovich and her benzene test results were scrutinized by a reporter working for a small Beverly Hills weekly newspaper. Subsequently, Time magazine (under the headline "Erin Brockovich's Junk Science"), the Columbia Journalism Review and the Wall Street Journal editorial page all published scathing attacks of Ms. Brockovich's methods. Click on these three stories:
http://www.time.com/time/columnist/jaroff/article/0,9565,464386,00.html
http://cjrarchives.org/issues/2004/2/umansky-muck.asp http://www.opinionjournal.com/taste/?id=110004836
In the health industry, Ms. Brockovich filed 33 lawsuits against health care providers. All 33 lawsuits were dismissed by judges in federal and state courts. One federal judge wrote, "To state a claim . . . (Brockovich) must provide more than speculative allegations..." Click on these links for more information:
http://www.signonsandiego.com/uniontrib/20061116/news_1b16medicare.html
http://www.abanet.org/health/esource/Volume3/08/landsberg-mccallum.html
Ms. Brockovich was criticized by a California judicial referee for her sworn testimony in a civil lawsuit. "Ms. Brockovich's testimony was hardly credible," wrote Jeffrey Krivis in his ruling.
We at Lennar continue to stand behind the quality of our homes and want to assure you that we put the health and safety of our homeowners first. Please don't hesitate to contact me to discuss any concerns or question you may have.
Sincerely,
Robert Hilliard
Division President
Lennar
Thank you for sharing. This letter does appear to be a very well researched letter that does dampen the immediate concern when Chicken Little [Erin Brockovitch] runs down the street shouting "the sky is falling"