Two United Airlines employees lost a federal lawsuit filed against the city and county of Denver when a judge ruled Thursday there was insufficient evidence to prove that gases from degraded de-icing fluid are a threat to public health.
Terri Crandall and JoAnn Hubbard sued in 2005, claiming Denver International Airport improperly handled de-icing fluid, a violation of the federal Resource Conservation and Recovery Act.
The women claimed the fluid ran into the cracks in the tarmac and into the basement of Concourse B, where it degraded into hydrogen sulfide gas, which smells like rotten eggs.
The fumes, they said, made employees sick with sore throats, sinus congestion, pneumonia and nausea.
In 1997, United Airlines employees filed a collective grievance about their illnesses and the odors.
But by 2006, the airport had rectified the problems by moving planes away from the gates near the concourse for complete de-icing, sealed the tarmac and placed fans in the basement.
After a five-day bench trial, U.S. District Judge Marcia S. Krieger ruled there was not enough evidence the medical issues people suffered were caused by the gases.
“I appreciate the frustration you feel about the noxious odor for a number of years and you believe the city and county has not done enough to address your concerns,” Krieger told Crandall and Hubbard before she ruled. “Essentially, there will be no winner in this case.”
Krieger said she relied heavily on the testimony of a doctor who got sick after conducting tests in the basement of Concourse B in March, but he could not definitively connect his illness to the fumes.
And the judge ruled that just because someone smells the fumes does not mean there is enough of the gas in the air to make people sick.
“We can smell it before it can hurt us,” she said.
Crandall and Hubbard had asked that the judge order the airport be monitored for environmental hazards and prevent the airport from allowing airlines to resume full de-icing of planes near the gates.
“A potential endangerment exists,” Krieger said. “But it’s not substantial or imminent and injunctive relief is denied.”
Felisa Cardona: 303-954-1219 or fcardona@denverpost.com
