Jersey City Chromium Law Suit Seeks Relief for Residents, Attorneys Announce

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May 19, 2010, 03:46 ET

JERSEY CITY, N.J., May 19 /PRNewswire/ -- Residents have filed a lawsuit, against Honeywell International of New Jersey and PPG Industries of Pennsylvania for dumping and failing to clean up cancer-causing hexavalent chromium waste in their neighborhoods.

The class action lawsuit was filed May 17, in New Jersey State Court, Hudson County. It is the first major class action lawsuit seeking wide-spread relief for residents and property owners in the wake of a federal study showing elevated levels of cancer in some areas near the toxic waste sites, according to attorneys representing the residents.

The lawsuit demands that defendants pay for periodic medical screenings for the early detection of cancer in exposed populations and pay damages to landowners whose properties have been devalued. The lawsuit also seeks punitive damages for defendants' knowing and deliberate conduct in disposing and failing to properly remediate hexavalent chromium contamination in Jersey City.

The class action, Smith, et al., v. Honeywell International, Inc., et al., generally affects residents and properties at or near various sites identified by the New Jersey Department of Environmental Protection as having been contaminated with chromium waste. The case was filed by the law firms of Janet, Jenner & Suggs, LLC; German Rubenstein, LLP; Williams Cuker & Berezofsky, LLC; and Kanner & Whiteley, LLC.

According to the lawsuit, defendants disposed of more than one million tons of chromium in Jersey City beginning in the early 1900s. The waste, referred to as chrome ore processing residue, or COPR, is a by-product of defendants' Jersey City chromium chemical production operations of the last century, and much of it remains today, according to the suit.

"These companies spread more than a million tons of toxic waste across a densely populated city and allowed it to remain there for years," said Steven German, one of the plaintiffs' attorneys.

"Health and environmental regulators publicly assured Jersey City residents that the presence of this chromium did not increase their risk of developing cancer," said Howard Janet, one of the attorneys representing the plaintiffs. "However, a subsequent study completed recently by the U.S. Agency for Toxic Substances and Disease Registry (ATSDR) reveals they were wrong. Of the residents who were studied, some living closest to the waste sites had up to a 17% higher rate of lung cancer than people residing farther away."

"The defendants' internal records demonstrate they had early knowledge of cancer risks associated with exposure to hexavalent chromium," said German. According to the lawsuit, PPG and Honeywell nonetheless deliberately attempted to mislead the regulatory agencies of these risks.

"They studied, debated, negotiated and delayed, all the while leaving the public at risk," said attorney Esther Berezofsky, who also represents the plaintiffs.

The lawsuit seeks certification of a proposed medical monitoring class, for individuals who lived within 500 feet of a COPR waste site for at least six months. As many as 38,000 people lived in the area, according to the 2000 Census.

Class status is also being sought for a proposed property damage class which includes all properties within one-quarter mile of any chromium site. The suit seeks compensation for devaluation and other property damages resulting from proximity to these toxic waste sites. As many as 27,800 parcels may be affected. A map showing the location of the sites can be found here.

Persons who think they may qualify as a member of the class or have information relevant to this lawsuit may call toll free 1-877-MY-ADVOCATES (1-877- 692-3862) to speak to an attorney, or may find information on the web at www.JerseyCityLawsuit.com

A case number is not available immediately from a New Jersey state court. However, a stamped copy of the complaint is available by contacting Teresa Kelly, 512-328-4276, [email protected]