April, 06 2011, 12:45pm EDT
700,000-Ton Cleanup Settlement Reached in Jersey City Toxic Chromium Case
fter 30 Years, Local Community Triumphs in Cancer-Causing Chemical Battle
NEWARK
PPG Industries has agreed to clean-up of one of the largest remaining sites contaminated with cancer-causing hexavalent chromium in New Jersey. The cleanup is estimated to cost PPG up to $600 million and remove an estimated 700,000 tons of chromium waste from a Jersey City neighborhood. The settlement stems from a 2009 citizen's lawsuit filed in federal court by the Natural Resources Defense Council (NRDC), Interfaith Community Organization (ICO), and GRACO Community Organization (GRACO) on behalf of Jersey City residents who have been fighting for a comprehensive clean-up since the early 1980s.
"After decades of foot dragging, we now know this cleanup is going to happen, and it's going to happen right," said Nancy Marks, NRDC senior attorney. "What could have been a Swiss cheese approach to the cleanup is now a comprehensive removal of the contamination - no holes to be found. This Jersey City community should never have been stuck living on top of someone else's toxic waste in the first place. They're finally receiving the justice they deserve and will be soon free from this poisonous legacy."
The settlement ensures PPG will clear a nearly 17-acre, densely populated area of Jersey City of 700,000 tons of cancer-causing toxic waste that has plagued it for over 50 years. PPG has agreed to finance the cleanup of the area, which includes the company's former Garfield Avenue chromium plant, surrounding sites and contaminated groundwater. Wherever possible, the cleanup will involve the excavation and removal of chromium wastes, and disposal in offsite hazardous waste landfills. Strict dust control measures will protect residents and workers during the cleanup.
Since the lawsuit's filing in 2009, PPG twice attempted to have the citizen's suit thrown out of federal court in order to move forward with a less stringent state settlement. Both attempts were denied by two different judges. Notably, the federal court settlement agreement ensures the cleanup will reduce chromium levels to 5 parts per million (ppm), which reflects the best available science about the health effects of exposure to the chemical and is much more stringent that the state's enforceable limit of 20 ppm. PPG will also test residential properties near the Garfield Avenue site upon request and clean up any contaminated properties to the 5ppm level. Since this agreement was reached in federal court, it also includes binding deadlines that cannot be delayed by state bureaucracy.
"This is a victory for environmental justice, for public health, and for the economic rebirth of an area that for half a century has been a toxic wasteland in the midst of a densely populated section of Jersey City," said Reverend Willard Ashley, co-chairperson of ICO and pastor of Abundant Joy Community Church in Jersey City. "It's a victory that will mean more jobs and less cancer."
Another key element of the settlement is a commitment to allow community monitoring of the cleanup process, empowering local citizens with a level of control over the cleanup of their own community. PPG will fund a community-hired expert, who will be provided full access to watch over the process.
"State chromium standards are insufficiently protective of public health," saaid Public Justice environmental attorney Richard Webster. "Through our lawsuit we sought and won better, higher standards."
The cleanup will begin this spring and will take approximately five years to complete. The settlement, submitted to the court today, will become final when signed by the federal judge. It does not prevent other pending legal claims against PPG, including a state court class action for individual damages, from moving forward. Public Justice helped represent NRDC and ICO in the case, and GRACO was represented by the firm of Lieberman & Blecher from Princeton, New Jersey.
"This settlement proves once again that environmental laws can produce effective results in New Jersey and that communities do not have to continue to be victimized by environmental dangers," said Stuart Lieberman of Lieberman & Blecher. "Communities can work together to secure a healthier environment for themselves and for their children. This settlement means cleaner soil, water and air for this community."
BACKGROUND:
PPG Industries, a Pittsburgh-based corporation, first began investigating the chromium contamination in 1982. The New Jersey Department of Environmental Protection (DEP) began enforcement efforts at the PPG complex soon thereafter, and in 1990 reached an agreement requiring PPG to clean up dozens of sites the DEP believed they had contaminated. Those clean-up efforts should have been completed by the late 1990s, but PPG did not move forward with the chromium removal project and the DEP failed to enforce a clean-up. After years of inaction by PPG and the state, NRDC and ICO filed their lawsuit in federal district court in Newark in 2009 under the citizens' suit provisions of the federal Resource Conservation and Recovery Act (RCRA). In June of 2009, GRACO was added as a third plaintiff in the lawsuit. GRACO is a community group comprised of individuals living in direct proximity to the main PPG chromium contaminated site.
A byproduct of the chromate chemical production facility housed on the site 50 years ago, hexavalent chromium - the real-life villain in the Erin Brockovich story - is toxic to humans and animals. PPG itself sampled soil and groundwater and reported elevated levels - some more than 2,500 times the state clean-up standard - of the toxic chemical throughout the site. Tests also reveal that chromium contamination has migrated off the site to surrounding areas, including inside homes and schools in the densely populated African American and Latino community. It will continue to spread until the site is cleaned up.
Exposure to this type of chromium has been found to cause cancer, respiratory problems, kidney and liver damage, chromium ulcers, and nasal septum perforations, as well as pregnancy and delivery complications for women. A study found that Jersey City residents living closer to contaminated sites have significantly higher incidence of lung cancer than those who live further away.
NRDC works to safeguard the earth--its people, its plants and animals, and the natural systems on which all life depends. We combine the power of more than three million members and online activists with the expertise of some 700 scientists, lawyers, and policy advocates across the globe to ensure the rights of all people to the air, the water, and the wild.
(212) 727-2700LATEST NEWS
House Democrat Calls GOP Budget a 'Blueprint for a Dystopian Hellscape'
Rep. Don Beyer warns the plan "would see unbridled benefits flowing to a wealthy and well-connected few while tens of millions of Americans lose healthcare, housing, retirement security, and food security."
Mar 27, 2024
As Republicans on Wednesday set their sights on a key seat opening up in the U.S. House of Representatives, the chamber's senior Democrat on the congressional Joint Economic Committee put out a blistering takedown of a top GOP budget proposal for the next fiscal year.
Congressman Don Beyer (D-Va.) took aim at the 180-page "Fiscal Sanity to Save America" plan released last week by the Republican Study Committee (RSC)—which includes about 80% of GOP House members—following proposals from Democratic President Joe Biden and House Budget Committee Chair Jodey Arrington (R-Texas).
"The Republican Study Committee budget is a blueprint for a dystopian hellscape," he warned. "The vision offered by this group, which counts 4 in 5 House Republicans as members, would see unbridled benefits flowing to a wealthy and well-connected few while tens of millions of Americans lose healthcare, housing, retirement security, and food security."
RSC proposals to "dramatically weaken healthcare," Beyer noted, include turning Medicare into a voucher plan and rolling back Inflation Reduction Act (IRA) provisions that cut costs for seniors; repealing tax subsidies for the Affordable Care Act and the law's protections for people with preexisting conditions; and transforming Medicaid and the Children's Health Insurance Program into block grants to states.
As Common Dreams has reported, in addition to seeking cuts to the committee Medicare and Social Security—while claiming to do nothing of the sort—the RSC has also launched a full-fledged assault on reproductive healthcare and rights, promoting 42 bills that would ban abortions after 15 weeks or even earlier, require unnecessary ultrasounds and 24-hour waiting periods, prohibit the use of fetal stem cells for research, and threaten access to in vitro fertilization, among other restrictions.
In addition to attacking reproductive freedom and key programs for seniors and low-income families, Beyer highlighted, the RSC wants to "weaken public health, public safety, and environmental protections," while "cutting taxes for the wealthy, by a lot."
The RSC advocates ending green tax credits from the IRA and Infrastructure Investment and Jobs Act as well as slashing money for Community Oriented Policing Services and the Bipartisan Safer Communities Act. The committee also calls for permanently lowering taxes for the ultrarich, indexing capital gains taxes to inflation, repealing the estate tax, rolling back the IRA's corporate alternative minimum tax, and eliminating funding intended to help the Internal Revenue Service catch wealthy tax cheats.
"Democrats believe there is a better way to get our fiscal house in order without betraying our values," said Beyer. "That starts with making smart investments in our people and our future while demanding that the rich and large corporations pay their fair share in taxes. The contrast between the Democratic approach and this Republican budget could not possibly be clearer."
Biden's budget blueprint—released as he prepares for an electoral rematch against former Republican President Donald Trump, who infamously cut taxes for rich people and corporations—proposes a 25% minimum tax for individuals with wealth of more than $100 million, along ending capital income tax breaks and closing other loopholes.
Polling results released Tuesday by Morning Consult show that a majority of voters across party lines in key swing states support raising taxes on people who make more than $400,000 per year.
Biden and the divided Congress this past weekend narrowly avoided a government shutdown by passing a long-delayed spending package. Fiscal year 2025 is set to begin in October, setting up another election-year fight over funding.
In what's been
dubbed the "Great Resignation," a growing number of House Republicans have announced that they are not seeking reelection or even exited their seats early—shrinking the party's already slim majority in the lower chamber.
Keep ReadingShow Less
'Troublemakers' Block Amazon HQ Over Plan to Link Data Centers With Gas Pipeline
"Amazon is breaking its Climate Pledge by powering new data centers with fracked gas," said one member of the new activist group. "So we came to demand that they honor the pledge."
Mar 27, 2024
A recently formed group of climate activists on Wednesday shut down entrances to Amazon's downtown Seattle headquarters to protest the tech titan's plans to link some of its data centers with an upgraded fracked gas pipeline.
Members of the Troublemakers—who describe themselves as "an ever-growing community of people who are committed to taking action for life on Earth"—blockaded the doors to the Day 1 Building on 7th Ave. in opposition to Amazon Web Services' (AWS) plan to connect three data centers near Boardman, Oregon to TC Energy's Gas Transmission Northwest (GTN) XPress Project.
As Common Dreamsreported last October, GTN XPress, which has been approved by the Federal Energy Regulatory Commission, would upgrade compressor stations in Kootenai County, Idaho; Sherman County, Oregon; and Walla Walla County, Washington. TC Energy plans to boost the 60-year-old pipeline's capacity by 150 million cubic feet of fracked gas by increasing the conduit's pressure.
"The decision to use fracked gas from the GTN XPress adds to Amazon's carbon emissions problems," the Troublemakers said in a statement. "Amazon's 2022 carbon emissions totaled 71.27 million metric tons, marking an 18% rise from 2020 and a 40% surge since 2019, the year Amazon unveiled its Climate Pledge. This alarming trend is in stark contrast to the global imperative to halve emissions by 2030."
The group wrote in a March 19 letter to Amazon CEO Andy Jassy:
Amazon prides itself on innovation. Using fossil fuel is not innovation... It is relying on a dying technology that is killing the planet. Utilizing GTN XPress would increase Amazon's carbon footprint and contribute greatly to climate change... We urge you to publicly commit to financing solar or wind projects to provide clean energy for Amazon's operations, and reject the GTN XPress.
The Troublemakers are calling on Amazon to:
- Publicly renounce the plan to connect to GTN XPress;
- Commit to not powering AWS data centers with fossil fuels; and
- Commit to using 100% renewable energy in each operation while funding wind and solar generation, storage, and distribution.
"We see Amazon's greenwashing every time we pass by Climate Pledge Arena," said Troublemaker Valerie Costa, who was referring to the home of the Seattle Kraken and Seattle Storm professional sports franchises. "Until Amazon drops its plan to buy fracked gas from GTN XPress, we'll keep showing up. Every fossil fuel project in the [Pacific Northwest] will be met with fierce resistance."
Leonard Sklar, a scientist and Troublemaker, asserted that "Amazon is breaking its Climate Pledge by powering new data centers with fracked gas. So we came to demand that they honor the pledge."
"We know they have the power to be 100% renewable energy," he added, "and that's what this moment requires."
Keep ReadingShow Less
Over Apple's Objections, Oregon Governor Signs Nation's Strongest Right to Repair Law
"Oregon becomes the first state to ban 'parts pairing,' which let companies like Apple decide when and how you replace parts."
Mar 27, 2024
In a move that advocates said will save Oregon residents money while supporting small businesses and reducing waste of electronic devices, Democratic Gov. Tina Kotek on Wednesday signed the Right to Repair Act, a law that passed earlier this month despite Apple's lobbying efforts.
The Public Interest Research Group (PIRG), applauded the signing of the bill, which requires manufacturers to provide Oregonians and small repair businesses with access to the parts, tools, and information needed to fix personal electronics and household appliances.
Manufacturers like Apple frequently require consumers to go to their stores or authorized service providers for repairs, making them expensive for customers and difficult to access for people who live far from the providers.
Charlie Fisher, state director of Oregon PIRG, said the law means Oregon is "moving forward on an innovation even more critical than a new gadget: the right to fix our electronic devices."
"By eliminating manufacturer restrictions, the right to repair will make it easier for Oregonians to keep their personal electronics running," said Fisher. "That will conserve precious natural resources and prevent waste. It's a refreshing alternative to a 'throwaway' system that treats everything as disposable."
The Right to Repair Act, which will go into effect on January 1, 2025, was supported by roughly 100 small businesses that provide repairs across the state, as well as recycling nonprofit organizations.
Apple testified against the bill, saying it opposed a provision against "parts pairing." The practice requires consumers or independent repair businesses to purchase parts from Apple and have them validated by the company.
John Perry, a senior security manager at Apple, told state senators that the provision would "undermine the security, safety, and privacy of Oregonians by forcing device manufacturers to allow the use of parts of unknown origin and consumer devices."
State Rep. Courtney Neron (D-26) cited a letter from the Federal Trade Commission when she told her colleagues that Apple's parts paring requirements "drive up the price that consumers must pay to fix a device and cause consumers to purchase a new device before the end of its useful life."
"Manufacturer repair restrictions also make it more challenging for small repair businesses to compete and contribute to unnecessary e-waste," she said.
Pro-labor media organization More Perfect Union called Kotek's signing of the bill "a major loss for Apple."
"Oregon has a proud history of passing forward thinking policies that help Oregonians steward and respect the resources that go into making the products we use everyday," said Celeste Meiffren-Swango, state director of Environment Oregon, "and we are building on that legacy with the Right to Repair Act."
Keep ReadingShow Less
Most Popular