Justice is moving closer to Jersey City, N.J. On March 2, a federal judge ruled a class action lawsuit, filed by residents against Honeywell and PPG Industries over dangerous hexavalent chromium exposure, can finally move forward.

This ruling is good news for Jersey City.  This is the first major class action to seek compensation for residents rather than focus on cleaning up toxic waste sites.

The lawsuit, filed last May in the U.S. District Court in Newark, 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’ wrongful behavior. They knew the chromium waste could cause cancer and failed to properly clean it up.

The lawsuit is seeking class action status, which means that individuals who believed they were harmed can sue the companies as a group; each individual or family or business won’t have to file a separate lawsuit.  This kind of approach is not unusual in environmental cases where whole populations are affected. It also serves the practical purpose of saving litigants time and money and not overwhelming the court system.

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.

The Jersey City law suit 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. Class status is also being sought for a proposed property damage class which includes all properties within one-quarter mile of any chromium site.  A map showing the location of the sites can be found here.

Over the years there’s been much conflicting information about the link between COPR and cancer. But a definitive study by the government in 2008 showed that some men living near the chemical dump sites had a 17% higher rate of cancer than men living further away.

This is a staggering difference in cancer rates.  Because of this, residents have a right to expect and to demand that Honeywell and PPG Industries provide cancer screening to those who might have been exposed. Early cancer detection saves lives.  Property owners also have a right to expect and demand compensation for the fact that a home or businesses located near a former toxic dump site is harder to sell and commands a lower price.

It is time Honeywell and PPG Industries finally acknowledge and respond to the human costs of their negligence.  The residents of Jersey City are long overdue for justice.

Updated: Wednesday, March 02, 2011, 4:15 PM

By Terrence T. McDonald/The Jersey Journal

A federal judge has ruled that Jersey City residents may proceed with a class-action lawsuit seeking medical screenings and financial compensation for exposure to hexavalent chromium at sites like the above one on Garfield Avenue.  Jersey City residents who may have been exposed to cancer-causing hexavalent chromium may proceed with a class-action lawsuit seeking cancer screening and compensation, a federal judge ruled yesterday.  more

Honeywell’s Motion to Dismiss Denied

Chromium Lawsuit Judge’s Opinion 3-1-2011

Newark, N.J., March 1, 2011 — A U.S. District Court judge has ruled that a class action lawsuit seeking cancer screening and compensation for Jersey City residents who may have been exposed to cancer-causing hexavalent chromium may move forward.

Judge Susan D. Wigenton, in an opinion released Tuesday, denied a motion by Honeywell International, Inc., to dismiss the class action complaint. She ruled against the company on six of seven counts contained in the lawsuit.

“This is an important victory for the citizens of Jersey City. They are now one giant step closer to telling their story to a jury. It’s a story of large companies putting profits over people in the worst way. It’s a story of two companies that dumped massive quantities of toxic waste in the middle of a city, let it remain there for decades, delayed cleanups and put so many lives at risk,” said Howard Janet, of Janet, Jenner & Suggs, LLC, one of the attorneys representing residents.

The class action lawsuit was filed May 17, in New Jersey State Court, Hudson County, claiming Honeywell and PPG Industries dumped and failed to clean up hexavalent chromium waste at sites across Jersey City beginning in the early 1900s. The defendants removed the case to federal court under the Class Action Fairness Act, where it now resides.

A major federal study released in 2008, showed some residents living closest to the waste sites had up to a 17% higher rate of lung cancer than people residing farther away.

The suit 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.

“Our goal now is to move this case to trial quickly and to get relief for the residents of Jersey City,” said Steven German, of German Rubenstein, LLP, another attorney for the residents.

“This is a major victory for environmental justice,” said Allan Kanner, of Kanner & Whitely, also an attorney for the residents.

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.

Medical Screening of Residents and Property Damages Sought

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. 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. A map showing the location of the sites can be found here.

“These companies spread more than a million tons of toxic waste across a densely populated city and allowed it to remain there for years. We’re looking forward to presenting this case to a jury,” said Ester Berezofsky, of Williams Cuker & Berezofsky, LLC.

The case is being litigated jointly by the law firms of Janet, Jenner & Suggs, LLC; German Rubenstein, LLP; Williams Cuker & Berezofsky, LLC; and Kanner & Whiteley, LLC.

By Melissa Hayes/The Jersey Journal

Citing a federal study showing increased risk of cancer from chromium exposure, three Jersey City residents have filed a lawsuit against Honeywell International and PPG Industries saying the companies should pay for long-term health monitoring.

“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 residents. “However, a subsequent study completed recently by the U.S. Agency for Toxic Substances and Disease Registry reveals they were wrong.”  more

Published in the Environmental Leader

Residents in Jersey City, N.J., have filed a lawsuit against Honeywell International of New Jersey and PPG Industries of Pennsylvania that alleges the companies dumped and failed to clean up hexavalent chromium waste in their neighborhoods. The lawsuit claims that Honeywell and PPG disposed of more than one million tons of chromium in Jersey City beginning in the early 1900s. more

Published in Jersey City Independent  by Shane Smith

At least three Jersey City residents filed a class action lawsuit Monday against two area companies for health problems that allegedly arose or could arise from the presence of chromium residue in sites near where they have lived.  The suit, brought by residents Mattie Halley, Latrecia Smith and Barry Wein, is the first of its kind that seeks medical screening and monitoring, according to a spokeswoman for one of the law firms involved.  original story

Federal Government Identifies Up to 17% Lung Cancer Increase.

For Immediate Release

May 18, 2010

Contacts: Steven J. German (917-674-5261)
sgerman@germanrubenstein.com
Howard A. Janet (410-591-0773)
haj@myadvocates.com

On May 17, 2010, Jersey City, N.J. residents filed suit in New Jersey State Court, Hudson County, against defendants 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.

This is the first major class action 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.

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. Much remains today. 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.

“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.

An example of this is at the Garfield Avenue site at 880 Garfield Ave, Jersey City, NJ 07305-4419.

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 by clicking 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