Environment Pollution Class Actions

These are difficult cases, but we are fighting to make a difference. We have worked hard to gain a reputation in environmental litigation, often referred to as “toxic torts.” Protecting the people and their property from large corporate polluters causing noxious fumes from their operations, contaminating drinking water and soil with toxic chemicals, and damaging property with dangerous particulate are just a few of the types of cases we have handled. A unique feature of our growing environmental/toxic tort practice is the ability to represent a large number of people harmed either physically or by damage to their property. Toxic torts litigation poses unique legal challenges because of the complex scientific and technical issues frequently addressed, and because of the overlapping authority of numerous administrative agencies and courts at the local, State and Federal levels. We have experience litigating toxic tort issues involving iron ore emission plants, municipal waste dumps and water contamination issues with perfluorooctanoic acid (“PFOA”).

Proven Results

DeNittis Osefchen Prince was lead counsel in the following successfully litigated environmental class actions listed below:

$5,100,000 – Carnival V. Waste Management Inc. – Civil Action No. 97 5122: A $5,100,000 settlement paid by Waste Management, Inc. for the property devaluation of approximately 2,000 property owners due to the alleged negligent operations of a municipal waste dump. September 1998.

$1,450,000 – Staub, et al. v. Hoeganaes BUR-L-2080-03: In December of 2006, a $1.45 million class action settlement for industrial emissions damaging boat windows was obtained.  Glen and Marilyn Staub of Burlington on behalf of themselves and a class of approximately 1,200 boat owners claimed that particulate iron from Hoeganaes Corporation plant in Riverton caused deterioration of transparent sheet windows called Isinglass on their motorboat. They sued on behalf of all owners of boats that were docked at five nearby marinas that had similar damage to their windows. The settlement provided boat owners with compensation ranging between $325 to $1,330 depending on the boat’s size, window repairs and other factors. Docket Number BUR-L-2080-03.