AES Corporation illegally dumped 100 million pounds of toxic coal as on a pristine beach in the Dominican Republic. After acute health problems came horrible birth defects, Complaint alleges.

Toxic Coal Ash Case Summary

In 2003 and 2004, AES Corporation and AES subsidiaries ("AES"), U.S.-based energy companies with power plants across the globe, unlawfully dumped 100 million pounds of toxic coal ash waste onto a Dominican Republic beach, poisoning the air and water and seriously injuring the residents of the small village of Arroyo Barril, in Samana and the surrounding northeast countryside.

Since the dumping, babies have been born with severe birth defects including missing limbs, missing organs, cranial malformations and gastrointestinal deformities. Some of these children have died as a result of their injuries. A failed Siamese twin with two heads died shortly after birth. Many women have suffered miscarriages at various stages of their pregnancies. Today, in addition to the severe birth defects, men, women and children of this proud and struggling community continue to suffer with respiratory illnesses and skin rashes.

The AES toxic coal ash dumpsite is only feet away from Arroyo Barril residences. The beach dumpsite previously was used by the village for fishing, swimming and recreational activities. In addition to the 100 million pounds dumped in the Port of Arroyo Barril, AES also dumped 60 million pounds of toxic coal ash in the northwest Port of Manzanillo, Montecristi.

Tragically, although some of the toxic coal ash was removed from the beach in Samana, the people continue to grapple with their children's catastrophic injuries, their own illnesses and the likelihood that many of them will develop cancer and other serious medical conditions in the future.

The toxic coal ash was brought to the Dominican Republic by AES from its coal burning power plant in Guayama, Puerto Rico, which supplies approximately 15 percent of the island's electric power. This toxic coal ash contains high levels of toxins, including arsenic, mercury, cadmium, nickel, beryllium, chromium, lead and vanadium. AES was required to remove the toxic coal ash waste by Puerto Rico authorities when they allowed AES to build the power plant in 2002. The approval agreement stated that very little, if any, of the ash created as a result of its coal-burning operation would remain in Puerto Rico.

Now, in this case, the people of Samana have brought legal proceedings seeking to compel AES to compensate them for recent and future injuries and damages.

According to the Complaint filed in Delaware State Court, AES decided that dumping 160 million pounds—80,000 tons—of coal ash waste onto Dominican Republic beaches was its cheapest alternative, and did so without regard for the health and safety of the residents of these communities.

The Complaint also alleges that AES and its partners misrepresented to the government and the people of the Dominican Republic the composition of the coal ash and the manner in which it would be handled. In 2004, the Secretary of State for the Environment found the AES dumping to be in violation of Dominican Republic Law and of the Basel Convention, as the toxic substances contained in the toxic coal ash when inhaled or consumed—or when they penetrate the skin—can cause chronic effects, including cancer. As a result of the unlawful AES dumping, the Dominican government pursued criminal and civil actions against AES and other responsible parties.

The caption for this case, filed in Superior Court in the State of Delaware, is: ANAJAI CALCAÑO PALLANO, Individually, and as Parent and Natural Guardian of MAXIMILIANO CALCAÑO; MARIBEL MERCEDES, Individually, and as personal representative of the Estate of "BABY MERCEDES;" MARIBEL ANDUJAR MEDINA, Individually, and as Parent and Natural Guardian of ISAEL ALTAGRACIA ANDUJAR; ROSA MARIA ANDUJAR Individually, and as personal representative of the Estate of "BABY OLMOS;" MARIA VIRGEN DEOGRACIA, Individually, and as Parent and Natural Guardian of ESTANLYN GARCIA DEOGRACIA; and AMPARO ANDUJAR, Plaintiffs, v. THE AES CORPORATION, AES ATLANTIS, AES PUERTO RICO, LP, AES PUERTO RICO, INC., and AES PUERTO RICO SERVICES, INC., Defendants.