Representatives of sixty-nine (69) families in Toms River, NJ and Ciba Specialty Chemicals Corporation, Union Carbide Corporation, and United Water Resources Inc.

JOINT PUBLIC STATEMENT (12.12.2001)

Case Settled - December 12, 2001

Representatives of sixty-nine (69) families in Toms River, NJ and three companies – Ciba Specialty Chemicals Corporation, Union Carbide Corporation, and United Water Resources Inc.– today announced a settlement in principle regarding childhood cancer concerns and other claims of the families. The settlement concludes more than three years of dialogue between the families and the companies, and was achieved without resort to litigation or admission of any liability on the part of the companies. The final settlement requires court approval for family members who are still minors.

The terms and conditions of the settlement are confidential. However, all the parties expressed satisfaction with the settlement terms and believe the settlement will bring a measure of closure to the families so that they may pursue their lives without the distraction or burden of litigation.

The settlement is the culmination of a lengthy series of events that began in 1995 following the public release of New Jersey cancer registry data, which suggested a higher than expected incidence of some forms of cancer among some groups of children in Toms River. In 1997 the families brought their concerns to the companies, since the families were principally focusing on a possible link between childhood cancer rates and environmental factors. Ciba Specialty Chemicals and Union Carbide were and continue today to implement cleanups at two Superfund sites in Toms River -- the Ciba-Geigy Superfund site and Reich Farms site, respectively. United Water Resources is the parent company of the public water supply company, then known as Toms River Water Company.

Instead of immediate litigation, however, the families and the companies entered into a "Tolling/Standstill Agreement," effective February 1, 1998, that established a period of time within which to engage in a dialogue designed to forestall any immediate litigation and to encourage communication. 

Since that time, and culminating with today's announcement, the families and the companies have engaged in serious and forthright discussions, an extensive exchange of written and oral information, and a facilitated mediation process through Resolutions, Inc. of Boston, MA. With the assistance of numerous technical, scientific, and medical experts, the parties exchanged detailed factual, scientific, and technical information and studied the scientific basis for the childhood health concerns.

Ultimately, the detailed scientific inquiry failed to result in any agreement that any of the companies were responsible for the conditions that gave rise to the families' claims. All involved agreed that a settlement would best advance the community's interest and involvement in the public health issues being studied, and would foster the productive and cooperative approach the families and companies have experienced through their dialogue since 1998. 

Based primarily on these factors, the families and companies reached a settlement to bring closure to the families' claims.

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For further information contact:

Families:

Mark Cuker, Esq./ ph: 215-557-0099 / fax: 215-557-0673 / e-mail: mcuker@wcblegal.com

or

Steven Fineman, Esq. / ph: 212-355-9500 / fax: 212-355-9592 / e-mail:sfineman@lchb.com

Ciba Specialty Chemicals Corporation:

Donna Jakubowski / ph:732-914-2554 / fax: 732-914-2906 / e-mail: donna.jakubowski@cibasc.com

Union Carbide Corporation:

Tomm Sprick / ph: 203-794-6992 / fax:203-794-3170 / e-mail: spricktf@dow.com

United Water Resources Inc.:

Richard Henning / ph: 201-767-2869 / fax: 201-767-6746 / e-mail: rich.henning@unitedwater.com

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Readers interested in details of the historical reconstruction methodology, simulation approaches, or results for specific years and locations for the Dover Township area should refer to the full report that is available over the Internet at the ATSDR Web site at URL: www.atsdr.cdc.gov

The summary report is available to view in ".pdf" format in this site: Summary report.