DENVER — Two current and former United Airlines employees filed a federal lawsuit for injunctive relief on Feb. 7, asking the court to order the City and County of Denver to immediately remediate contaminants and mold conditions at the city's airport. Crandall v. City and County of Denver, No. 05-MK-242 (DES) (D. Colo.).

The allegations parallel those in a personal injury action that was filed in Colorado state court by plaintiffs Terri Crandall and Joann Hubbard in 2003. The Denver County District Court denied the city's motion to dismiss in September and that case has been stayed while the order is on appeal.

In the federal lawsuit, Crandall and Hubbard contend they and more than 100 other current and former United employees have become ill from 'noxious fumes' in Concourse B at the Denver Airport. Denver Airport has experienced numerous, well-publicized problems since it opened in 1995

The maintain the work site constitutes a 'harmful and unsafe work environment' from deicing fluids used along the perimeter of the concourse, from sewage leaking from pipes directly around the concourse, and from mold growth in training rooms discovered during an OSHA inspection.

Injunctive relief is being sought under the federal Resource Conservation and Recovery Act (42 U.S.C. § 6972[a][1][A]), which Crandall and Hubbard contend authorizes such relief for '[a]ny solid waste management practice or disposal of solid waste or hazardous waste which constitutes the open dumping of solid waste or hazardous waste . . . .'

The 'fugitive' deicing fluid uncollected after being sprayed on airplane wings is a solid waste as defined by RCRA, they say. Deicing fluid is composed of propylene glycol and other materials, which are toxic in their raw form and can form other toxic chemicals, such as formaldehyde, when they degrade, plaintiffs charge.

Crandall and Hubbard say they notified the U.S. Environmental Protection Agency, the Colorado Department of Public Health and the Environment more than 60 days before filing the suit, as required.

Neither of those parties 'have commenced or are 'diligently prosecuting' an action,' Crandall and Hubbard complain.

John D. Fognani, Brian D. Gonzales and Lauren C. Buehler of Fognani & Associates in Denver and Michael Childress, Michael Duffy and Thomas J. Loucks of Childress Duffy Goldblatt in Chicago represent Crandall and Hubbard.

XXXXXXXXXXXXXXXXXXXXXXXXXXXXXX

    Pure Air Control Services, Inc.

    1-800-422-7873