Fernley flood lawyer reports toxic materials
RENO -- A lawyer updated a lawsuit filed on behalf of victims of the Jan. 5 Fernley flood, alleging Friday that tests show the presence of hazardous bacteria, mold and toxins in the flooded area.
Robert Hager, representing more than 30 families, said in the complaint filed in Washoe County District Court that cold weather is keeping the bacteria and mold dormant -- but "those dangerous toxic materials will grow exponentially and become airborne" in warmer weather.
Anyone who inhales the particles "will have an increased risk of health ailments possibly including cancer and death," Hager said in seeking an order requiring defendants named in the lawsuit to "aggressively" start removing the materials.
The lawsuit names the Truckee-Carson Irrigation District, Lyon County, the city of Fernley, and companies that built and sold homes in the area flooded when a storm-swollen irrigation canal ruptured. The irrigation district manages the canal.
The lawsuit and another lawsuit filed in Yerington allege that the irrigation district did not properly maintain the canal and failed to minimize damage once the breach occurred in Fernley, a fast-growing town 30 miles east of Reno.
Ernie Schank, the irrigation district's president, has said the district reacted as quickly as possible after learning about the rupture. The irrigation district operates the canal under a contract with the U.S. Bureau of Reclamation, which owns it.
Schank has said he realizes the district will be targeted by lawsuits, but was unsure whether it's liable for flood damage.
Betsy Rieke, area manager for the reclamation bureau, has said her agency thinks the district would be liable.
