Attorney General, Department of Environmental Protection file 12 “Environmental Justice” lawsuits
By Russ Crespolini, Patch Staff
Twelve new environmental enforcement actions have been filed targeting polluters across New Jersey whose actions threaten the health and safety of residents in minority and lower-income communities in Newark, Orange, South Orange, Paterson, Jersey City, Elizabeth, Hillside, Fairton and Upper Deerfield Township, according to Attorney General Gurbir S. Grewal.
These lawsuits are a part an agenda to address harms disproportionately affecting the public and environmental health of New Jersey’s low-income, non-English speaking and minority residents. They come as New Jersey residents confront the COVID-19 pandemic, an unprecedented public health crisis that has unduly burdened these communities.
“In New Jersey, we’re committed to our path-breaking approach to environmental enforcement, which ensures that our efforts to clean up our environment will also serve our comprehensive justice agenda for low-income communities and communities of color, said Grewal.
“Today’s twelve lawsuits, filed in cities and towns across our state, are a reflection of that commitment to environmental justice principles. The scourge of COVID-19 has put a harsh spotlight on the way environmental injustices affect our basic health, and we’re going to do the hard work necessary to protect communities from dumping, contamination and other illegal activities.”
“The message to New Jersey residents should be clear: everyone, and I really mean everyone, deserves to breathe clean air and live in a safe environment,” Grewal said.
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Many of the properties that are the subject of today’s complaints have pollutants known to contribute to health problems including respiratory tract irritation, chronically reduced lung function, kidney problems, neurological disorders and certain cancers, which may only exacerbate COVID-19 risks.
Since the announcement of the State’s environmental justice initiative in 2018, Grewal and Department of Environmental Protection Commissioner McCabe have filed numerous lawsuits, making New Jersey a national leader in environmental justice enforcement.
“The actions the DEP is taking today exemplify the Murphy Administration’s deep commitment to principles of environmental justice and equity that strengthen all of our communities, especially those most vulnerable to environmental harm, said McCabe.
“Together, we are holding accountable those who, by design or circumstance, disproportionately harm the environment and communities of our low-income and minority neighbors. Today’s lawsuits complement the many ways that we pursue environmental justice, standing with every New Jersey community and for the shared natural resources that unite us.”
The complaints seek to address a host of environmental threats across the state in low-income and minority communities, and are brought under:
- New Jersey’s Spill Compensation and Control Act
- Water Pollution Control Act
- Air Pollution Control Act
- Solid Waste Management Act
- Industrial Site Recovery Act
- Brownfield and Contaminated Site Remediation Act
The 12 cases involve a broad range of harmful contamination including such hazardous substances as arsenic, copper, lead, petroleum hydrocarbons, gasoline, waste motor oil, polychlorinated biphenyls (PCBs), oxides of nitrogen (NOx), volatile organic compounds, including trichloroethylene (TCE) and perchloroethylene (PCE), and semi-volatile organic compounds, officials said.
The complaints seek a variety of remedies, including clean-up of contaminated properties and compliance with all outstanding DEP orders, payment of damages and penalties, reimbursement to the State for clean-up costs expended to date and, in certain instances, natural resource damages.
