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Burns Charest: Communities File Class Action Claiming Contamination from Telecom Giants’ Toxic Lead Cables

Lawsuit cites health risks as lead has leached into groundwater and soil

Two cities and a southern Louisiana parish have filed a proposed class action lawsuit against AT&T (NYSE:T) and Lumen Technologies (NYSE: LUMN), alleging that the companies failed to remove lead-wrapped telecommunications cables that have contaminated soil and groundwater in the region.

The litigation filed in state district court on behalf of St. Mary Parish, the cities of New Iberia and Franklin, and affected individuals claims that the companies have known for years about potential health risks from the deteriorating cables. According to federal and state authorities, exposure to lead can build over time and cause significant health issues for children and adults, particularly women of child-bearing age.

“Over decades, these companies ignored the dangers, then more recently acknowledged the dangers, but they still have not developed an actionable plan to remediate the dangers,” says Korey Nelson, an attorney in the New Orleans office of Burns Charest LLP. “Through this lawsuit, we intend to discover corporate records that document exactly where these cables exist throughout the state of Louisiana and anticipate many other local governments and individuals will be affected.”

Last year, The Wall Street Journal published a series of articles about the continued existence of lead-covered telephone cables throughout the nation. The reports detailed health hazards that the cables represent for telephone company workers and for residents, despite assertions by former company executives that leaving the cables in place was safer and less costly than removing them as newer technologies such as fiber optics were introduced.

The Journal series includes reports of tests conducted around the nation showing high levels of lead in areas near the cables.

The lawsuit seeks damages for trespass and negligence against the defendants, claiming that the known health risks “will continue until the cables are removed, the contamination is stopped, and the properties are restored to their original, uncontaminated condition.”

Plaintiffs are represented by Korey Nelson and Amanda Klevorn of Burns Charest along with attorneys Barry Sallinger of Lafayette and Robert C. Vines of New Iberia.

The case is Parish of St. Mary et al. v. Lumen Technologies, Inc and AT&T, Inc., No. 13575 filed in the 16th Judicial District Court for the Parish of St. Mary.

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