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RFK Jr's  LEGAL  CAREER

Kennedy & Madonna LLP

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   Kennedy & Madonna, LLP, founded in 2000 by environmental attorneys Robert F. Kennedy Jr. and Kevin J. Madonna, has been instrumental in litigating cases against environmental polluters, focusing on communities adversely affected by industrial contamination.  The firm's clients range from individuals, non-profit organizations, and school districts to public water suppliers, Indian tribes, municipalities and whole states.

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    Kennedy & Madonna, LLP employs various legal strategies, including federal citizen suits, administrative challenges, and tort law, to hold polluters accountable.

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Firm's Mission

“Kennedy & Madonna, LLP, is dedicated to representing individuals, states, municipalities, environmental organizations, and public schools in cases where pollution has impacted health, the environment, or property values.”

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http://www.kennedymadonna.com/

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Robert F. Kennedy Jr.

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Kevin J. Madonna

  • Robert F. Kennedy Jr. Although so much about Bobby is covered elsewhere here - it's worth it to mention here that some of his other legal bona-fides.  Beyond the wide range of his other activism, business, literary and political involvements Kennedy has been instrumental in numerous environmental litigation cases. He has served as Senior Attorney for the Natural Resources Defense Council and Chief Prosecuting Attorney for the Hudson Riverkeeper.

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  • Kevin J. Madonna has extensive experience in environmental law and has worked with organizations like the New York State Department of Environmental Conservation and the United Nations Environment Programme.

Through their commitment to environmental justice, Kennedy & Madonna, LLP, have established a reputation for holding polluters accountable and securing significant settlements for affected communities.

Major Cases Taken on by Kennedy and Madonna LLP & Their Outcomes: 

Taking On Factory Farm Pollution!

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   In 2001, environmental attorneys Robert F. Kennedy Jr. and Kevin J. Madonna spearheaded a coalition of prominent plaintiff law firms to address pollution from industrial pork and poultry production, particularly focusing on the environmental and public health impacts of Concentrated Animal Feeding Operations (CAFOs).

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Background 

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    Industrial livestock systems, especially CAFOs, have been associated with significant environmental degradation, including water contamination, air pollution, and adverse health effects on nearby communities. In North Carolina, for example, the rapid expansion of hog factories led to the pollution of hundreds of miles of rivers and the death of billions of fish.

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Legal Efforts 

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   Kennedy and Madonna's initiative aimed to hold large agribusiness corporations accountable for environmental violations. They employed various legal strategies, including federal citizen suits, administrative challenges, and tort law, to address the pollution caused by these operations.​​

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You chickens really shouldn't be playing in that 'water'.

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    Kennedy has long been vocal about the detrimental effects of industrial animal farming, stating:

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   "A factory with 50,000 hogs produces the same amount of waste as a city of half-a-million people. But these big corporations locate in rural areas where they can easily dominate state political landscapes and escape compliance with environmental laws."

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   The legal actions initiated by Kennedy, Madonna, and their coalition aimed to:

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  • Enforce Environmental Regulations: Ensuring that CAFOs complied with existing environmental laws to mitigate pollution.

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  • Protect Affected Communities: Advocating for the rights of residents impacted by pollution from industrial farming operations.

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  • Promote Sustainable Practices: Encouraging the adoption of environmentally friendly and humane farming methods.

 

   These efforts contributed to increased awareness of the environmental and public health issues associated with industrial livestock production and underscored the importance of legal accountability in environmental protection.

  “Like other Americans, I've reconciled myself to the idea that an animal's life has been sacrificed to bring me a meal of pork or chicken. However, industrial meat production - which subjects animals to a life of torture - has escalated the karmic costs beyond reconciliation.”


              ― Robert F. Kennedy Jr.

Ramapough Mountain Indians v. Ford Motor Company

(2006–2010)

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   The Ramapough Mountain Indians suffered health issues due to toxic waste dumping by Ford Motor Company on their lands in New Jersey.

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   Kennedy & Madonna represented the tribe in a lawsuit seeking remediation and compensation for health impacts.

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  The case led to a settlement and the re-listing of the site on the federal Superfund list, a first in U.S. history.​

​  The 2010 HBO documentary Mann v. Ford profiled Kennedy & Madonna and their four year struggle of litigation against Ford Motor Company on behalf of the Ramapough Mountain Indians

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https://showofforce.com/portfolio/mann-vs-ford/

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DuPont C8 Contamination

in Parkersburg, West Virginia

(2001–2017) 

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    DuPont's Washington Works plant released perfluorooctanoic acid (C8), a type of PFAS, into the environment, contaminating local water supplies and causing health issues such as cancer and thyroid disease.

 

   Legal Action: The firm was part of the trial team representing over 3,000 residents in a class-action lawsuit against DuPont.

 

   Outcome: In 2017, DuPont agreed to a $670 million settlement to resolve the claims.

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Along with the numerous tumors and other disease conditions found in local cattle, teeth of the local cattle as well as humans were commonly turned black by C8 contamination.  one of the relatively harmless symptoms.

* check out the movie version of this case in the 2019 legal thriller film Dark Waters - starring Mark Ruffalo, Anne Hathaway and Tim Robbins

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You really don't want to make him angry!

   Perfluorooctanoic Acid (C8)  is used in the production of Teflon and is very commonly present on 'stick resistant' cookware. 

   C8 is known by the nickname "forever chemical" because it can persist indefinitely in the environment as well within the human body.  Most if not all humans alive today have at least some amount of this toxic chemical in their bodies. 

 

    Numerous studies have linked C8 to a variety of serious human health conditions ranging from several forms of cancer, thyroid disease, pregnancy-induced hypertension and more.

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Teflon/C8 is commonly applied to 'non-stick' pans

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 But over time c8 particles get into foods - making it very likely that even most individuals not living near the factories are contaminated.

Chemical representations of Perfluorooctanoic Acid (C8)

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classic and enthusiastic ads for the toxic chemical's use on foodware

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Here's an interview between RFK Jr and Rob Bilott the lawyer who was at the head of the legal struggle against DuPont for over 20 years (Mark Ruffalo's character in the movie version).

 

https://childrenshealthdefense.org/defender/the-defender-podcast-rfk-jr-interviews-attorney-rob-bilott-dupont/

 

https://www.imdb.com/title/tt7689910/

 

https://www.ewg.org/research/poisoned-legacy

ConocoPhillips Contamination in Pensacola, Florida (2001–2004)

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Background: Residents of Pensacola alleged that ConocoPhillips' operations led to chemical contamination of their properties.

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 Legal Action: Kennedy & Madonna organized a legal team to represent the affected property owners, seeking damages for property devaluation and health monitoring.

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 Outcome: In 2004, a $70 million settlement was reached for the property owners.

corporate logos of the involved corporations

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fertilizer plant

   Between 2001 and 2004, ConocoPhillips faced significant legal challenges due to environmental contamination in Pensacola, Florida, stemming from the former Agrico Chemical Company fertilizer plant.

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Background of the Contamination

  • Agrico Chemical Company Operations: The Agrico plant, operational from 1889 to 1975, manufactured fertilizers and other chemicals. During its operations, large quantities of wastewater containing hazardous substances were discharged into unlined ponds, leading to the seepage of contaminants into the groundwater.

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  • Contaminants Identified: The primary pollutants included radioactive radium, nitrates, fluoride, chloride, and sulfates. These substances migrated southeast toward Bayou Texar and Pensacola Bay, affecting the surrounding environment and residential areas.

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Legal Proceedings and Settlements

  • Initial Lawsuits and Settlement (2004): In response to the contamination, approximately 3,000 property owners filed lawsuits against ConocoPhillips, the current owner of the Agrico site. In April 2004, ConocoPhillips agreed to a $70 million settlement to compensate these property owners for the groundwater contamination caused by the toxic plume.

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  • Subsequent Legal Actions (2008–2013): Further investigations revealed that the contamination plume extended beyond the initially identified areas. In 2008, the Pensacola law firm Aylstock, Witkin, Kreis & Overholtz filed a class-action lawsuit on behalf of an additional 5,000 property owners in the East Hill neighborhood. The plaintiffs alleged that pollutants from the former Agrico plant had migrated into the groundwater beneath their properties.

    • Settlement Approval (2013): On September 4, 2013, Circuit Court Judge Joel Boles granted final approval of a $9.5 million settlement for the affected East Hill property owners. The settlement established two subclasses:

      • Thomas Sub-Class: Property owners in areas with significant contamination levels received approximately $2,500 to $3,000 per parcel.

      • Rabin Sub-Class: Property owners in areas with lesser contamination received between $150 and $250 per parcel.

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Key Individuals and Entities Involved

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  • Plaintiffs: The lawsuits were filed on behalf of thousands of property owners in the affected areas, including the East Hill neighborhood.

  • Legal Representation: The plaintiffs were represented by law firms such as Aylstock, Witkin, Kreis & Overholtz. Attorney Nathan Bess from this firm emphasized the importance of holding companies accountable, stating, "It’s very important to Pensacola to hold companies like Agrico/Conoco accountable, especially when this plume continues to migrate in the groundwater."

  • Defendants: ConocoPhillips, as the owner of the former Agrico site, was the primary defendant in these cases. The company was represented by attorneys from the Pensacola firm Emmanuel Sheppard & Condon.

 

Environmental and Health Implications

  The contamination led to diminished property values and restricted the use of groundwater for activities such as lawn irrigation and filling swimming pools. Attorney Nathan Bess highlighted the broader impact, noting, "You have the right to have a confidence and ease of mind that your property is safe to use."

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Conclusion

   The legal actions against ConocoPhillips between 2001 and 2004 addressed the extensive environmental contamination in Pensacola caused by the former Agrico Chemical Company fertilizer plant. The settlements provided compensation to thousands of affected property owners and underscored the necessity for corporate accountability in environmental stewardship.

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old-time Agrico Ad

DuPont Zinc Smelter

Contamination

in Spelter, West Virginia

(2004–2007)

Background:

  DuPont's zinc smelting operations released hazardous substances, including arsenic, cadmium, and lead, contaminating the local environment and posing health risks.

 

Legal Action:

   The firm filed a class-action lawsuit on behalf of residents, alleging property damage and health risks due to toxic exposure.

 

Outcome:

    In 2007, a jury awarded $196.2 million in punitive damages, later increased to $381 million after appeal, marking a significant victory for environmental justice.

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A.I. approximation of old-school zinc smelting plant

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  The soil mound and exclusionary fencing placed over and around the contamination site

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Little Blue Run Coal Ash Impoundment Case   (2013)

 

Background:

   Residents near the Little Blue Run coal ash impoundment, operated by FirstEnergy Corp., experienced property damage and health concerns due to toxic seepage of coal combustion residuals containing arsenic, mercury, and lead.

 

Legal Action:

   Kennedy & Madonna filed a lawsuit on behalf of 53 residents, alleging negligence and seeking compensatory and punitive damages.

 

Coal Combustion Residuals:

   Byproducts from coal-fired power plants contain toxic substances such as arsenic, mercury, and lead, which can contaminate water sources and pose significant health risks, including cancer and developmental disorders.

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Outcome:

   The case highlighted the environmental and health impacts of coal ash disposal, leading to increased regulatory scrutiny and commitments to close the impoundment.

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Little Blue Run - located in parts of Western Pennsylvania and the Northern Panhandle of West Virginia

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A Coal plant & some of

FirstEnergy's official logos

Teaming Up with Morgan and Morgan

 

   In 2016 Kennedy and Madonna changed considerably when Bobby became counsel to the personal injury-focused law firm Morgan and Morgan.  He worked on several quite significant cases with them- probably the most notable being their highly successful cases against Monsanto company for harms caused by the corporation's popular glyphosate-based weed-killer Roundup.

 

   Kennedy's alliance with Morgan and Morgan is significant and complex enough that it's getting its own separate page - to keep from crowding up this one too too much.

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On that page we'll cover their initial work together on the Aliso Canyon gas leak - against SoCalGas Company - 2016

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The case against Monsanto as mentioned above - beginning in 2017

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and the suit against Columbia Gas of Massachusetts - for several gas explosions in the region - 2018

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RFK Jr's Fight for Healthy Water! Riverkeeper & the Waterkeepers Alliance

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