A Landlord’s Duty to Remove Mold

By Maryam K. Ansari
May 14, 2010
 
Here is an article that outlines a few issues of concern to Boston real estate lawyers. The article speaks of an interesting program set up with some Boston area medical centers and some major local law firms.

What I found most interesting about this article was the fact that on first glance, it would seem that many medical patients have so much concern in other areas that they often don’t fully recognize the potential legal issues they may have.

Take, for example, the issue of mold in a rented condo apartment. Here’s a scenario I came across, involving a family in an apartment. As it turned out, the family that lived next door was extremely unsanitary. They had many children and let the children run wild, sometimes without diapers. Garbage was piled up and the carpets were disgusting.

The story gets even more disgusting. There was mold in the downstairs apartment. And the mold crept up to the adjacent apartment.

Mold is known to cause many health problems, such as chronic fatigue, nausea and rashes. It can even cause asthma.

While the area of mold litigation is a newer area for Boston real estate lawyers, it’s still an issue of concern. I’ve already discussed the warranty of habitability in this blog. It might be one of the stronger arguments to make. There could be greater lawsuits regarding mold, but it turns into a personal injury lawsuit and as such, the causation element becomes very important. In fact, the whole lawsuit may become a lot more complicated if the tenant pursues the case from the standpoint of having suffered personal injury.

From a Boston real estate lawyer’s standpoint, there could always be enough reason to compel your landlord to make the repairs and get rid of the mold. Have a look at the related resources section, particularly at the blog post about repairs. If you have any questions regarding your rights as a renter, speak to a Boston real estate lawyer.

Related Resources

Renter’s Rights: When the Landlord Refuses to Make Repairs (FindLaw’s Boston Real Estate Law News Blog)
Construction Defects and Toxic Mold (FindLaw)
Find A Boston Real Estate Attorney (FindLaw)

bostonrealestatelawnews

TRUTH OUT Sharon Kramer Letter To Andrew Saxon MOLD ISSUE

Regents of the University of California acknowledge imprimatur on 2003 US Chamber of Commerce medico-legal publication

New Action Committee – ACHEMMIC- Urges Transparency in EPA Policy Over Mold & Microbial Contaminants

Truth About Mold – the most up to date, accurate, and reliable information on Toxic Mold

FEMA Using US Chamber Fraud in Katrina Trailer Litigation; EPA, GAO & Both Isle$ of Congre$$ Turn Blind Eye$

Sociological Issues Relating to Mold: The Mold Wars

Certain Corporate and Government Interests Have Spent Huge Sums of Money and Resources DENYING THE TRUTH about the HEALTH EFFECTS of TOXIC MOLD

Political Action Committee – National Apartment Association (NAA) files Amicus Brief in mold case (two infant deaths in mold filled apt – Wasatch Prop Mgmt) citing US Chamber/ACOEM ‘litigation defense report’ to disclaim health effects of indoor mold & limit financial risk for industry

“Changes in construction methods have caused US buildings to become perfect petri dishes for mold and bacteria to flourish when water is added. Instead of warning the public and teaching physicians that the buildings were causing illness; in 2003 the US Chamber of Commerce Institute for Legal Reform, a think-tank, and a workers comp physician trade organization mass marketed an unscientific nonsequitor to the courts to disclaim the adverse health effects to stave off liability for financial stakeholders of moldy buildings. Although publicly exposed many times over the years, the deceit lingers in US courts to this very day.” Sharon Noonan Kramer

Information on Riverstone Residential, the Louisiana Housing Finance Agency, and the owners of Toxic Mold Infested Jefferson Lakes Apartments in Baton Rouge, Louisiana continuing to allow tenants to be exposed to extreme amounts of mold toxins

Irrefutable evidence indicates that Riverstone Residential, Guarantee Service Team of Professionals, & plaintiffs’ attorney, J Arthur Smith III, must have agreed to exclude evidence that would have shown the owners of Jefferson Lakes Apartments & Riverstone Residential had knowledge of the severe MOLD INFESTATION at the complex before we moved in

Toxic Mold Infested Jefferson Lakes Apartments managed by Riverstone Residential

Riverstone Residential Litigation

Mold Inspection Reports

Photos of Mold in Apartment

Attorney Malpractice

Posted in Environmental Health Threats, Health - Medical - Science, Louisiana Housing Finance Agency, Mold and Politics, Mold Litigation, Riverstone Residential, Tenants Rights, Toxic Mold, US Chamber of Commerce | Tagged , , , , , , , , , , , , , , , , , , , , , , , | Leave a comment

Chancellor UCSD – designated residence uninhabitable because of MOLD

Pg 18
 
Since 2004, the year Chancellor Fox was appointed, the Office of the President and the San Diego campus have sought to address the deficiencies of the Chancellor’s residence, University House (UH). To date, these deficiencies include an engineering expert determination that UH is uninhabitable because of structural instabilities, extensive mold and major cliff erosion exposing the slab. Efforts to remedy these deficiencies have been complicated because of issues regarding the historical significance of the structure and the determination by local Native Americans that the UH site is a sacred burial ground.

For nearly six years, Chancellor Fox has been assigned housing in a rental property in La Jolla. Currently the lease on that property is approximately $83,000/year, which is paid by UCSD. In addition, the campus pays for certain utilities, security, and cable/internet services, totaling approximately $15,000/year in fiscal year 2008-09, for a total cost of approximately $98,000/year. That property is located slightly less than four miles from the main campus. This rental property has been problematic because it is poorly configured for entertaining even small groups of donors or guests for cultivation or solicitation. Further, it has no capacity for catering, and no on-street parking; nor does it have a sidewalk, so guests cannot park nearby and easily walk to the residence.

university of california.edu.regents.aar.marc.pdf

TRUTH OUT Sharon Kramer Letter To Andrew Saxon MOLD ISSUE

Regents of the University of California acknowledge imprimatur on 2003 US Chamber of Commerce medico-legal publication

New Action Committee – ACHEMMIC- Urges Transparency in EPA Policy Over Mold & Microbial Contaminants

Truth About Mold – the most up to date, accurate, and reliable information on Toxic Mold

FEMA Using US Chamber Fraud in Katrina Trailer Litigation; EPA, GAO & Both Isle$ of Congre$$ Turn Blind Eye$

Sociological Issues Relating to Mold: The Mold Wars

Certain Corporate and Government Interests Have Spent Huge Sums of Money and Resources DENYING THE TRUTH about the HEALTH EFFECTS of TOXIC MOLD

Political Action Committee – National Apartment Association (NAA) files Amicus Brief in mold case (two infant deaths in mold filled apt – Wasatch Prop Mgmt) citing US Chamber/ACOEM ‘litigation defense report’ to disclaim health effects of indoor mold & limit financial risk for industry

“Changes in construction methods have caused US buildings to become perfect petri dishes for mold and bacteria to flourish when water is added. Instead of warning the public and teaching physicians that the buildings were causing illness; in 2003 the US Chamber of Commerce Institute for Legal Reform, a think-tank, and a workers comp physician trade organization mass marketed an unscientific nonsequitor to the courts to disclaim the adverse health effects to stave off liability for financial stakeholders of moldy buildings. Although publicly exposed many times over the years, the deceit lingers in US courts to this very day.” Sharon Noonan Kramer

Information on Riverstone Residential, the Louisiana Housing Finance Agency, and the owners of Toxic Mold Infested Jefferson Lakes Apartments in Baton Rouge, Louisiana continuing to allow tenants to be exposed to extreme amounts of mold toxins

Irrefutable evidence indicates that Riverstone Residential, Guarantee Service Team of Professionals, & plaintiffs’ attorney, J Arthur Smith III, must have agreed to exclude evidence that would have shown the owners of Jefferson Lakes Apartments & Riverstone Residential had knowledge of the severe MOLD INFESTATION at the complex before we moved in

Toxic Mold Infested Jefferson Lakes Apartments managed by Riverstone Residential

Riverstone Residential Litigation

Mold Inspection Reports

Photos of Mold in Apartment

Attorney Malpractice

Posted in Environmental Health Threats, Mold and Politics, Politics, Toxic Mold, US Chamber of Commerce | Tagged , , , , , , , , , , , | Leave a comment

Riverstone Residential Group Complaints – Village at Van Mall Apartments – Lack of maintenace service

By Frustrated Tenant
Posted: 5-17-2010 
 
Village at Van Mall Apartments
5000 NE 72nd Ave
Vancouver, Washington

Electricity went off in the garages sometime during the week. We discovered the problem late Monday afternoon when we were going to put groceries into our freezer. Thats when we discovered no power going to the freezer and no lights. A neighbor said they called the emergency number twice on a Saturday.

Trying to reach the area managers – the regional managers – or national executives is impossible.

Contacted the manager who said to call the emergency number. Called the number and and still no call back. 72 hours and still no response. It’s a good thing something’s not on fire.

Very poor property managers that care little about walking the property to see if everything is o.k.

I suggest finding other properties managed by some other big company, but there are few that care for anything except the rent.

complaintsboard.com

Information on Riverstone Residential, the Louisiana Housing Finance Agency, and the owners of Toxic Mold Infested Jefferson Lakes Apartments in Baton Rouge, Louisiana continuing to allow tenants to be exposed to extreme amounts of mold toxins

Irrefutable evidence indicates that Riverstone Residential, Guarantee Service Team of Professionals, & plaintiffs’ attorney, J Arthur Smith III, must have agreed to exclude evidence that would have shown the owners of Jefferson Lakes Apartments & Riverstone Residential had knowledge of the severe MOLD INFESTATION at the complex before we moved in

Toxic Mold Infested Jefferson Lakes Apartments managed by Riverstone Residential

Riverstone Residential Litigation

Mold Inspection Reports

Photos of Mold in Apartment

Attorney Malpractice

TRUTH OUT Sharon Kramer Letter To Andrew Saxon MOLD ISSUE

Regents of the University of California acknowledge imprimatur on 2003 US Chamber of Commerce medico-legal publication

New Action Committee – ACHEMMIC- Urges Transparency in EPA Policy Over Mold & Microbial Contaminants

Truth About Mold – the most up to date, accurate, and reliable information on Toxic Mold

FEMA Using US Chamber Fraud in Katrina Trailer Litigation; EPA, GAO & Both Isle$ of Congre$$ Turn Blind Eye$

Sociological Issues Relating to Mold: The Mold Wars

Certain Corporate and Government Interests Have Spent Huge Sums of Money and Resources DENYING THE TRUTH about the HEALTH EFFECTS of TOXIC MOLD

Political Action Committee – National Apartment Association (NAA) files Amicus Brief in mold case (two infant deaths in mold filled apt – Wasatch Prop Mgmt) citing US Chamber/ACOEM ‘litigation defense report’ to disclaim health effects of indoor mold & limit financial risk for industry

“Changes in construction methods have caused US buildings to become perfect petri dishes for mold and bacteria to flourish when water is added. Instead of warning the public and teaching physicians that the buildings were causing illness; in 2003 the US Chamber of Commerce Institute for Legal Reform, a think-tank, and a workers comp physician trade organization mass marketed an unscientific nonsequitor to the courts to disclaim the adverse health effects to stave off liability for financial stakeholders of moldy buildings. Although publicly exposed many times over the years, the deceit lingers in US courts to this very day.” Sharon Noonan Kramer

Spring Meadows – Managed by Riverstone Residential Group – “Sheisty”

Riverstone Residential – Carmel House Apartments Complaints – Mold Complaint led to Retaliatory Eviction

Why should the mold deluxe floor plans cost the same as the clean mold free floor plans – Lexington Farms Apartments – Riverstone Residential

Riverstone Residential – Mariners Crossing – Maintenance says corroded black growth on the water heater is “suppose to look like that”

Riverstone Residential – Lexington Farms Apartments – Warning. Unhealthy. Dangerous. Conditions

MOLD Problems at Lexington Farms Apartments managed by Riverstone Residential – Tenant charged for MOLD REMOVAL???

Riverstone Residential Seattle Complaints – Illegal Business Practices

Complaints Board.com – Riverstone Residential Group Complaints – Invalid Billing upon Move-Out

Riverstone Residential – CAS Partners – Illegal business practices – Mold in Apartment

Links on “U.S. Green Building Council” Facebook – Comment – Please send this to my management company, Riverstone Residential

Lawsuits – affordable housing issues – Blackrock Realty Advisers, CSHV Arboretum, & Riverstone Residential CA

Riverstone Residential – Plaza at the Arboretum – City Hall sues to enforce affordable housing agreement

Riverstone – City Hall finds violations at Arboretum

Riverstone Residential – Park Plaza – Portland State students sue over bedbugs – Video

Riverstone Residential – Park Plaza – Bedbugs infest popular off-campus housing – “We believe the apartment management took the least expensive route instead of the most effective,” said attorney Lynn Clark

Riverstone Residential might want to consider attending the ‘Bed Bugs Webinar for Rental Property Owners’ hosted by The National Apartment Association & Orkin

Belltown Moda Apartments Has Its Balconies Repossessed – managed by Riverstone Residential

Riverstone Residential – New Condo Nightmare – CHS Capitol Hill Seattle Blog

Eagle Place Townhomes managed by Riverstone Residential – Residents say affordable housing complex ‘feels like a prison’

How Some Kids in Lafayette, Colorado Won the Right to Play Outside Again

Worst Staff, Worst Apartment, Worst Price – “I’ve lived in over 20 apartment complexes in my life, all over the country, and I will NEVER, EVER live in another Riverstone Residential apartment” – Plaza at the Arboretum

Riverstone Residential – Pet Friendly??? Not at Toxic Mold Infested Jefferson Lakes Apartments

Lastest Review (including the mold problem) – Toxic mold Infested Jefferson Lakes Apartments – Managed by Riverstone Residential

Complaints Board.com – Serenade at Riverpark Oxnard aka Riverstone Residential – Spawn of the Devil

Riverstone Residential – Review – Crest at Lone Tree – THIS MANAGEMENT COMPANY WILL BREAK THE LAW

A mold problem (among many others) at Alexan Laguna Beach Apartments in Panama City Beach managed by Riverstone Residential – A Tenant’s Experience & Photos

Latest Review – Lowman Building – Seattle, WA – Managed by Riverstone Residential – Run Away from this Property!

Multi-Housing News Blog – Stimulus Package for your Complex – Riverstone Residential – Cheap Entertainment

Complaints Board.com – Riverstone Residential Complaints – Unfair Housing Practices – Georgian

Latest review of toxic mold infested Jefferson Lakes Apartments – PROCEED WITH CAUTION!!!!

Riverstone Residential-Management Challenged?

Riverstone Residential settles a discrimination lawsuit with the Equal Employment Opportunity Commission (“EEOC”) for $30,000

JobVent – Employee Review of Riverstone Residential Group

Multi-Housing News – How Top CEOs Are Dealing With Rising Energy Costs, Other Challenges – CEO – Riverstone Residential

Posted in Riverstone Residential, Tenants Rights | Tagged , , , , , , , , , , , , , | Leave a comment

FEMA trailer safety debated by Congress as public sale continues – “…consensus on the committee seemed to be leaning heavily toward “environmental time bombs,”…

“Unbelievably, these are the same trailers that made thousands of people ill, some severely ill, from exposure to formaldehyde gases and vapors; young children, elderly people and those with serious respiratory conditions, from asthma to bronchitis, inhaled these vapors over long, extended periods of time,” said Rep. Bobby Rush, D-Ill., who chairs the subcommittee. “Am I the only one left scratching his head at this outcome?”

“At the beginning of the hearing, Rep. Henry Waxman, D-Calif., said the formaldehyde fiasco highlighted the inadequacy of the Environmental Protection Agency’s authority to “assess and restrict dangerous chemicals,” power that might have averted “this problem in the first place.”

By Jonathan Tilove
April 28, 2010

The title of Wednesday’s hearing before the House Energy Subcommittee on Commerce, Trade and Consumer Protection was, “The Public Sales of Hurricane Katrina/Rita FEMA Trailers: Are they Safe or Environmental Time Bombs?”

The bipartisan consensus on the committee seemed to be leaning heavily toward “environmental time bombs,” but now that the General Services Administration has completed the sale of more than 100,000 of the trailers, it is not clear what Congress can do about it.

“We’ve seen that there is an unsafe level of formaldehyde in some of these trailers and I don’t think it’s the wisest thing for the federal government to be selling those and having people live in them and experience more health problems,” said Rep. Steve Scalise, R-Jefferson, a member of the subcommittee. “We’ve got to figure out a better way to handle this … to see if we can unravel this.”

“Unbelievably, these are the same trailers that made thousands of people ill, some severely ill, from exposure to formaldehyde gases and vapors; young children, elderly people and those with serious respiratory conditions, from asthma to bronchitis, inhaled these vapors over long, extended periods of time,” said Rep. Bobby Rush, D-Ill., who chairs the subcommittee. “Am I the only one left scratching his head at this outcome?”

But David Garratt, FEMA’s associate administrator for mission support, defended the sales. He said that the mobile homes, park models and travel trailers returned to FEMA after their use along the Gulf Coast and auctioned off this year at bargain prices, met existing industry standards. And, he said, buyers of the travel trailers — which are the ones that posed the most danger and were never intended to provide long-term housing — had to certify that they understood the formaldehyde risk and that the travel trailers “are not intended to be used as housing.”

“Subsequent owners must continue to similarly inform subsequent buyers for the life of the unit,” said Garratt, though some members of the committee seemed dubious that would always happen.

Garratt estimated the cost to the government of storing and maintaining the previously used units had run close to $130 million a year.

While filmmaker Gabe Chasnoff, who produced and directed “Renaissance Village,” a documentary about the formaldehyde trailers, played a clip Wednesday that included then Secretary of Homeland Security Michael Chertoff’s declaration at a congressional hearing in 2008 that, “we are out of the trailer business,” Garratt said that is not the case.

Travel trailers are the only models small enough to be placed on people’s properties while they rebuild and, in future disasters, Garratt said, FEMA will rely on a new inventory of trailers built for FEMA to new higher air-quality standards. And, they will only be placed on properties where the repairs can be completed in a about six months.

At the beginning of the hearing, Rep. Henry Waxman, D-Calif., said the formaldehyde fiasco highlighted the inadequacy of the Environmental Protection Agency’s authority to “assess and restrict dangerous chemicals,” power that might have averted “this problem in the first place.”

EPA Deputy Assistant Administrator James Jones testified that EPA’s draft assessment on the dangers of formaldehyde should be released in the next month or so.

But in his testimony, Dr. Corey Hebert, an associate professor of pediatrics at Tulane University Medical Center and the chief medical officer of the Recovery School District, said that in its broadest strokes, the verdict on formaldehyde is already in.

“We know it’s a carcinogen,” said Hebert, who said that the market fails to heed that fact because “this is America, this is capitalism, this is what we do.” Hebert said no trailers should have been resold until any formaldehyde peril was remediated.

nola.com

Dr. Corey Hebert Testifies Before Congress On Safety Of FEMA Trailers – Dr. Hebert has worked tirelessly to inform the public of the dangers of formaldehyde exposure in high concentrations in FEMA issued trailers

FEMA Using US Chamber Fraud in Katrina Trailer Litigation; EPA, GAO & Both Isle$ of Congre$$ Turn Blind Eye$

Toxic Trailors.com – Toxic Court (Louisiana) stacks deck against formaldehyde victims

New Orleans family loses FEMA trailer suit & Why CDC Responded With ‘Lack of Urgency’ to Formaldehyde Warnings – top government officials worried about lawsuits from the beginning

Idiots in Louisiana Auctioning (Livingston-based Henderson Auctions) 400 FEMA Trailers bought from the U.S. General Services Administration & The Advocate – WBRZ News 2 is there & mentions absolutely nothing of the controversy (katrina) & health risks!!!

Video – Katrina cottages from Mississippi – flooded during Gustav & Ike – to be auctioned in Louisiana – warnings of mold

The high cost of FEMA’s learning curve

How Senator Vitter Battled the EPA Over Formaldehyde’s Link to Cancer

Children from FEMA Trailers Battle Serious Health Problems

International Agency for Research on Cancer (IARC) confirms link between formaldehyde and leukemia

Formaldehyde Exposure and Asthma in Children: A Systematic Review

TRUTH OUT Sharon Kramer Letter To Andrew Saxon MOLD ISSUE

Regents of the University of California acknowledge imprimatur on 2003 US Chamber of Commerce medico-legal publication

New Action Committee – ACHEMMIC- Urges Transparency in EPA Policy Over Mold & Microbial Contaminants

Truth About Mold – the most up to date, accurate, and reliable information on Toxic Mold

Sociological Issues Relating to Mold: The Mold Wars

Certain Corporate and Government Interests Have Spent Huge Sums of Money and Resources DENYING THE TRUTH about the HEALTH EFFECTS of TOXIC MOLD

Political Action Committee – National Apartment Association (NAA) files Amicus Brief in mold case (two infant deaths in mold filled apt – Wasatch Prop Mgmt) citing US Chamber/ACOEM ‘litigation defense report’ to disclaim health effects of indoor mold & limit financial risk for industry

“Changes in construction methods have caused US buildings to become perfect petri dishes for mold and bacteria to flourish when water is added. Instead of warning the public and teaching physicians that the buildings were causing illness; in 2003 the US Chamber of Commerce Institute for Legal Reform, a think-tank, and a workers comp physician trade organization mass marketed an unscientific nonsequitor to the courts to disclaim the adverse health effects to stave off liability for financial stakeholders of moldy buildings. Although publicly exposed many times over the years, the deceit lingers in US courts to this very day.” Sharon Noonan Kramer

Information on Riverstone Residential, the Louisiana Housing Finance Agency, and the owners of Toxic Mold Infested Jefferson Lakes Apartments in Baton Rouge, Louisiana continuing to allow tenants to be exposed to extreme amounts of mold toxins

Irrefutable evidence indicates that Riverstone Residential, Guarantee Service Team of Professionals, & plaintiffs’ attorney, J Arthur Smith III, must have agreed to exclude evidence that would have shown the owners of Jefferson Lakes Apartments & Riverstone Residential had knowledge of the severe MOLD INFESTATION at the complex before we moved in

Toxic Mold Infested Jefferson Lakes Apartments managed by Riverstone Residential

Riverstone Residential Litigation

Mold Inspection Reports

Photos of Mold in Apartment

Attorney Malpractice

Posted in Environmental Health Threats, FEMA Trailers, Health - Medical - Science, Politics | Tagged , , , , , , , , , , , , , , , , , , | Leave a comment

Gigantic Plumes Of Oil Are Forming Under The Gulf – Spill Vastly Worse Than It Seems On Surface

More good news about the Gulf oil leak from Justin Gillis at the New York Times: huge plumes of oil are forming in the water and taking their time about rising to the surface. So the leak is much worse than it appears from the air (and it looks bad enough already from there).

The low end of the leak-rate estimate is now 25,000 barrels a day. The high end is 80,000. The latter is one Exxon Valdez every few days.

Justin Gillis:

Scientists are finding enormous oil plumes in the deep waters of the Gulf of Mexico, including one as large as 10 miles long, 3 miles wide and 300 feet thick. The discovery is fresh evidence that the leak from the broken undersea well could be substantially worse than estimates that the government and BP have given.

“There’s a shocking amount of oil in the deep water, relative to what you see in the surface water,” said Samantha Joye, a researcher at the University of Georgia…

The plumes are depleting the oxygen dissolved in the gulf, worrying scientists, who fear that the oxygen level could eventually fall so low as to kill off much of the sea life near the plumes.

businessinsider.com

Giant Plumes of Oil Forming Under the Gulf

By JUSTIN GILLIS

Scientists are finding enormous oil plumes in the deep waters of the Gulf of Mexico, including one as large as 10 miles long, 3 miles wide and 300 feet thick in spots. The discovery is fresh evidence that the leak from the broken undersea well could be substantially worse than estimates that the government and BP have given.

“There’s a shocking amount of oil in the deep water, relative to what you see in the surface water,” said Samantha Joye, a researcher at the University of Georgia who is involved in one of the first scientific missions to gather details about what is happening in the gulf. “There’s a tremendous amount of oil in multiple layers, three or four or five layers deep in the water column.”

The plumes are depleting the oxygen dissolved in the gulf, worrying scientists, who fear that the oxygen level could eventually fall so low as to kill off much of the sea life near the plumes.

Dr. Joye said the oxygen had already dropped 30 percent near some of the plumes in the month that the broken oil well had been flowing. “If you keep those kinds of rates up, you could draw the oxygen down to very low levels that are dangerous to animals in a couple of months,” she said Saturday. “That is alarming.”

The plumes were discovered by scientists from several universities working aboard the research vessel Pelican, which sailed from Cocodrie, La., on May 3 and has gathered extensive samples and information about the disaster in the gulf.

Scientists studying video of the gushing oil well have tentatively calculated that it could be flowing at a rate of 25,000 to 80,000 barrels of oil a day. The latter figure would be 3.4 million gallons a day. But the government, working from satellite images of the ocean surface, has calculated a flow rate of only 5,000 barrels a day.

BP has resisted entreaties from scientists that they be allowed to use sophisticated instruments at the ocean floor that would give a far more accurate picture of how much oil is really gushing from the well.

“The answer is no to that,” a BP spokesman, Tom Mueller, said on Saturday. “We’re not going to take any extra efforts now to calculate flow there at this point. It’s not relevant to the response effort, and it might even detract from the response effort.”

The undersea plumes may go a long way toward explaining the discrepancy between the flow estimates, suggesting that much of the oil emerging from the well could be lingering far below the sea surface.

The scientists on the Pelican mission, which is backed by the National Oceanic and Atmospheric Administration, the federal agency that monitors the health of the oceans, are not certain why that would be. They say they suspect the heavy use of chemical dispersants, which BP has injected into the stream of oil emerging from the well, may have broken the oil up into droplets too small to rise rapidly.

BP said Saturday at a briefing in Robert, La., that it had resumed undersea application of dispersants, after winning Environmental Protection Agency approval the day before.

“It appears that the application of the subsea dispersant is actually working,” Doug Suttles, BP’s chief operating officer for exploration and production, said Saturday. “The oil in the immediate vicinity of the well and the ships and rigs working in the area is diminished from previous observations.”

Many scientists had hoped the dispersants would cause oil droplets to spread so widely that they would be less of a problem in any one place. If it turns out that is not happening, the strategy could come under greater scrutiny. Dispersants have never been used in an oil leak of this size a mile under the ocean, and their effects at such depth are largely unknown.

Much about the situation below the water is unclear, and the scientists stressed that their results were preliminary. After the April 20 explosion of the Deepwater Horizon, they altered a previously scheduled research mission to focus on the effects of the leak.

Interviewed on Saturday by satellite phone, one researcher aboard the Pelican, Vernon Asper of the University of Southern Mississippi, said the shallowest oil plume the group had detected was at about 2,300 feet, while the deepest was near the seafloor at about 4,200 feet.

“We’re trying to map them, but it’s a tedious process,” Dr. Asper said. “Right now it looks like the oil is moving southwest, not all that rapidly.”

He said they had taken water samples from areas that oil had not yet reached, and would compare those with later samples to judge the impact on the chemistry and biology of the ocean.

While they have detected the plumes and their effects with several types of instruments, the researchers are still not sure about their density, nor do they have a very good fix on the dimensions.

Given their size, the plumes cannot possibly be made of pure oil, but more likely consist of fine droplets of oil suspended in a far greater quantity of water, Dr. Joye said. She added that in places, at least, the plumes might be the consistency of a thin salad dressing.

Dr. Joye is serving as a coordinator of the mission from her laboratory in Athens, Ga. Researchers from the University of Mississippi and the University of Southern Mississippi are aboard the boat taking samples and running instruments.

Dr. Joye said the findings about declining oxygen levels were especially worrisome, since oxygen is so slow to move from the surface of the ocean to the bottom. She suspects that oil-eating bacteria are consuming the oxygen at a feverish clip as they work to break down the plumes.

While the oxygen depletion so far is not enough to kill off sea life, the possibility looms that oxygen levels could fall so low as to create large dead zones, especially at the seafloor. “That’s the big worry,” said Ray Highsmith, head of the Mississippi center that sponsored the mission, known as the National Institute for Undersea Science and Technology.

The Pelican mission is due to end Sunday, but the scientists are seeking federal support to resume it soon.

“This is a new type of event, and it’s critically important that we really understand it, because of the incredible number of oil platforms not only in the Gulf of Mexico but all over the world now,” Dr. Highsmith said. “We need to know what these events are like, and what their outcomes can be, and what can be done to deal with the next one.”

Shaila Dewan contributed reporting from Robert, La.

nytimes.com

TRUTH OUT Sharon Kramer Letter To Andrew Saxon MOLD ISSUE

Regents of the University of California acknowledge imprimatur on 2003 US Chamber of Commerce medico-legal publication

New Action Committee – ACHEMMIC- Urges Transparency in EPA Policy Over Mold & Microbial Contaminants

 Truth About Mold – the most up to date, accurate, and reliable information on Toxic Mold

FEMA Using US Chamber Fraud in Katrina Trailer Litigation; EPA, GAO & Both Isle$ of Congre$$ Turn Blind Eye$

Sociological Issues Relating to Mold: The Mold Wars

Certain Corporate and Government Interests Have Spent Huge Sums of Money and Resources DENYING THE TRUTH about the HEALTH EFFECTS of TOXIC MOLD

Political Action Committee – National Apartment Association (NAA) files Amicus Brief in mold case (two infant deaths in mold filled apt – Wasatch Prop Mgmt) citing US Chamber/ACOEM ‘litigation defense report’ to disclaim health effects of indoor mold & limit financial risk for industry

“Changes in construction methods have caused US buildings to become perfect petri dishes for mold and bacteria to flourish when water is added. Instead of warning the public and teaching physicians that the buildings were causing illness; in 2003 the US Chamber of Commerce Institute for Legal Reform, a think-tank, and a workers comp physician trade organization mass marketed an unscientific nonsequitor to the courts to disclaim the adverse health effects to stave off liability for financial stakeholders of moldy buildings. Although publicly exposed many times over the years, the deceit lingers in US courts to this very day.” Sharon Noonan Kramer

Information on Riverstone Residential, the Louisiana Housing Finance Agency, and the owners of Toxic Mold Infested Jefferson Lakes Apartments in Baton Rouge, Louisiana continuing to allow tenants to be exposed to extreme amounts of mold toxins

Irrefutable evidence indicates that Riverstone Residential, Guarantee Service Team of Professionals, & plaintiffs’ attorney, J Arthur Smith III, must have agreed to exclude evidence that would have shown the owners of Jefferson Lakes Apartments & Riverstone Residential had knowledge of the severe MOLD INFESTATION at the complex before we moved in

Toxic Mold Infested Jefferson Lakes Apartments managed by Riverstone Residential

Riverstone Residential Litigation

Mold Inspection Reports

Photos of Mold in Apartment

Attorney Malpractice

Posted in BP Oil Spill Info - TRUTH, Environmental Health Threats, Politics | Tagged , , , , , | Leave a comment