The Latest ‘Natural Resource Damage’ lawsuit cites the impact on an environmental justice community

By JON HURDLE NJ Spotlight

New Jersey sued two chemical companies, saying they polluted groundwater with toxic chemicals at a Bergen County site over decades, and must now compensate the public for their loss of a natural resource, as well as the state for its cleanup costs.

The Department of Environmental Protection and the Attorney General’s Office filed a lawsuit against Hexcel Corp., now based in Connecticut, and Clifton-based Fine Organics Corp., formerly a division of Hexcel, claiming the companies tainted groundwater at the Lodi site with volatile organic compounds, PCBs and petroleum products.

Overburdened community under Environmental Justice law

The location adjoins a community classified as “overburdened” under New Jersey’s Environmental Justice law, and was affected by pollution from the two companies, according to the complaint.

Even though the site has been cleaned up since the companies stopped operating there in 1998, the agencies are now seeking compensation for the lost value of groundwater and for the expenses incurred by the DEP in investigating and removing contaminated soil and water.

“The Murphy administration is committed to making polluters pay for the damage they have caused, and to addressing environmental injustices visited for decades upon New Jersey’s minority and low-income communities,” acting Attorney General Matthew Platkin said in a statement.

Consequences for public health

The surrounding community has been exposed for years to higher levels of water, air, soil, and noise pollution than the state as a whole, and has suffered the consequences to public health, according to the 36-page complaint, filed in Superior Court on Monday.

Hexcel declined to comment on a matter that’s in litigation; Fine Organics did not respond to a request for comment.

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