By Jon Hurdle, NJ Spotlight
New Jersey filed its latest lawsuit seeking compensation for alleged damages to the environment, this time claiming that Monsanto and two former affiliates produced toxic PCBs that leaked into the state’s air and water over almost 50 years.
The lawsuit says the companies caused “significant, long-term damage” to the state’s waterways and groundwater, as well as to soil, air, and wildlife by allowing and encouraging disposal of the chemicals that they knew to be hazardous at Monsanto’s plant beside the Delaware River in Bridgeport, Gloucester County.
The companies advised their customers to dispose of PCB waste directly into sewers and to vent the chemical vapors into the atmosphere despite knowing that the actions would cause environmental contamination and expose residents to substances that are linked to health complaints, including liver damage, respiratory infections, and some cancers, the suit said.
“PCB contamination has harmed natural resources and threatened the health of humans and wildlife in every corner of New Jersey, from remote rural areas to suburban neighborhoods, to our cities,” said acting Attorney General Matthew Platkin, in a statement last week.
First of its kind
It’s the state’s first suit alleging that PCBs damaged the natural environment.
The Murphy administration has now filed 19 “natural resource damage” lawsuits against industrial polluters, alleging long-term damage to the environment and public health and seeking a court order for the companies to pay for the investigation and cleanup. None of the lawsuits has so far been resolved, according to the attorney general’s office.
In 2019, the state sued Sherwin-Williams claiming it discharged waste products from manufacturing paints, lacquers, and varnishes into a Camden County creek. Contamination at this location, along with lead and arsenic, also led the U.S. Environmental Protection Agency to designate it a Federal Superfund site in 2008. It became one of New Jersey’s 114 Superfund sites, the most of any state.
Also in 2019, the state sued Handy & Harman Electronic Materials Corp. for allegedly discharging hazardous materials including TCE (trichloroethylene), a degreasing chemical, into groundwater near its factory in Bergen County in the 1980s.
Tougher than Christie
Overall, the actions signal that the Murphy administration is taking a more aggressive stance against corporate polluters than its predecessor, the Christie administration, which filed no such suits.
Jeff Tittel, former director of the New Jersey Sierra Club, welcomed this latest lawsuit but said the state would have a better chance of winning such legal challenges if the state Department of Environmental Protection had a regulatory framework that addressed corporate responsibility for damage to natural resources.
“The DEP has never developed rules and standards for natural resource damages,” he said. “Not having clear standards in place hinders our ability to prosecute these cases to the extent that we need to.” The absence of such regulations also limits the amount of money that the state can seek in damages and makes settlements more likely, he said.
“The AG is taking the right approach by suing; the DEP has a lot of work to do to move these things along,” Tittel said.
That criticism was echoed by the Chemistry Council of New Jersey, which said the DEP has failed to comply with a 2004 agreement between the attorney general’s office and plaintiffs, including the council, to develop regulations on natural resource damages and to stop filing those cases until such regulations are published.
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