OCEAN SPRINGS, MS – A law firm representing the City of Ocean Springs has confirmed what many residents already knew: a toxic plume containing cancer-causing chemicals is sitting just outside a child daycare center.
The good news?
The city now has a clear legal path to hold the corporate property owner, Leica Microsystems, accountable. But instead of pursuing that path, the city appears to be doing the opposite.
Officials are actively working to facilitate the sale of the contaminated property to a private developer in support of his vision to build a 108 room hotel with a convention center. The city has already approved a $5 million tax increment financing (TIF) bond to support that sale. In addition, the Ocean Springs Redevelopment Authority (RDA) has submitted a Gulf Coast Restoration Fund (GCRF) grant application seeking an additional $3 million in public incentives for the project.
That brings the total proposed subsidy to $8 million in public funds — not for cleanup, but to build on top of an active toxic site. Meanwhile, the current owner, a multinational corporation valued at more than $140 billion, would walk away without consequence.
A Dangerous Imbalance
Leica Microsystems is owned by Danaher Corporation, a global conglomerate with a market capitalization exceeding $140 billion. It is a company fully capable of absorbing cleanup costs, legal exposure, and the financial responsibilities that come with owning contaminated land.
By contrast, the anticipated buyer is a small private developer who reportedly cannot proceed without public assistance. Despite this imbalance, the city’s actions suggest a determined effort to transfer the property quietly, while using public money to support the transition — without resolving the contamination beneath it.
Critics argue that this approach amounts to shielding the polluter and shifting long-term liability onto taxpayers.
Toxic Legacy
The Leica site, located at the corner of Pine Drive and Government Street, was operated for approximately 50 years as an optical lens manufacturing facility. During that time, trichloroethylene (TCE) — a chemical known to cause neurological problems and cancer — was routinely used and eventually released into the soil and groundwater.
Despite multiple cleanup efforts, the contamination has migrated off-site, and now sits beneath the city-owned Pine Street right-of-way — steps from the YMCA daycare center.
The memo, prepared by attorneys at Butler Snow LLP and inserted as a last minute addition to Tuesday’s Board of Aldermen agenda, confirms that the city can pursue nuisance and trespass claims against Leica, which still owns the site. These claims could result in Leica being forced to pay for a full cleanup of the contamination.
Although Leica did not operate the facility during its manufacturing years — the last known operator was Ferson Optics, which closed around 2003 — it is still the legal owner. And under the federal Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), current property owners are strictly liable for contamination, even if they did not cause it.
Legal Tools Are There — Will the City Use Them?
While the Butler Snow memo acknowledges that legal action is possible, it frames the city’s “options” as limited, citing MDEQ’s approval of a passive cleanup approach known as natural attenuation. But legal experts say that is no excuse for inaction.
The memo makes clear that the city’s strongest leverage exists right now, while the property is still owned by Leica. Once it changes hands, the opportunity to hold a $140 billion corporation accountable may be lost for good.
A Closing Window
Residents and community advocates are calling on city leaders to:
- Immediately pursue legal claims against Leica Microsystems;
- Withdraw all public financing incentives, including the approved TIF bond and pending GCRF grant application;
- And ensure no development occurs until full cleanup and independent environmental testing are completed.
“This isn’t just about pollution,” said one speaker at the Board meeting. “It’s about priorities. Are we protecting a multinational corporation’s balance sheet — or protecting our children?”
The public now knows the truth:
The city can act. The law allows it. The memo confirms it.
The only question left is — will they?
I love children and animals, nature, fishing. We grew up digging our own worms for fishing. Go dig for worms, catch grasshoppers on the Leica Site, then send to proper labs for testing. Maybe giving the attention to Ecosystem Damage will bring attention to the Human Beings’ exposure!
First, thank you Brian Rose for doing what our elected officials are not, trying to protect the citizens and visitors of Ocean Springs. If I was a suspicious person or a conspiracy theorist I would wonder about who could be operating this move behind the scenes. Would a major corporation look for an unscrupulous developer to propose a project to build a hotel on a toxic waste site and “support” a group of public officials to move it forward with the idea of relieving themselves of liability? Nah, no one would turn a blind eye to that kind of suffering and death just for a few bucks.
I hope the people of Ocean Springs band together and stop this now! Just like the article says, you have a billion dollar company that CAN afford the cleanup. If you do not force that to happen, what are your going to tell your children and grandchildren when they become sick thanks to the toxic stew that is stirring around. Concrete on top of that site does absolutely nothing. The toxins are still there are spreading. Stop it now why you have a chance!!
Thanks Brian. I appreciate your honesty, so needed at this time. I’ll
My son went to ymca preschool from beginning of December through mid April and I was unaware and not disclosed of this risk factor upon registration. As soon as I learned about this, I immediately notified via Brightwell App the director of the preschool and it was pushed to the side. I pulled our son last month for more reasons than just that alone and am so glad I did. Thank you for giving the children a voice!
Mr. Rose
Have you learned over the course of your investigations what is driving force behind our city officials actions are? What benefits are they receiving to continue on this path? Their actions make no sense unless there’s some sort of personal gain.