Village eyes PFOA lawsuit
Board authorizes attorney to file suit against companies
HOOSICKFALLS, N.Y. » On Tuesday night, village officials passed two resolutions related to the village’s ongoing PFOA battle.
High levels of perflourooctanic acid, a synthetic chemical that is persistent, mobile and toxic were detected in the public water system in Hoosick Falls in 2014, and subsequently in numerous public and private water sources in and around Hoosick Falls, Petersburgh and North Bennington.
For several years now, village officials have blamed the PFOA contamination issue on SaintGobain Performance Plastics and Honeywell International.
PFOA had been used in the village for decades in the manufacture of products such as non-stick cookware and electrical insulation before the federal Environmental Protection Agency stepped in in 2006 and reached an agreement with several manufacturing giants, including DuPont Co., to virtually eliminate use of the substance.
Chronic exposure to PFOA has been linked to testicular and kidney cancer, thyroid disease, high cholesterol, ulcerative colitis and pregnancyinduced hypertension.
“We passed two resolutions. The first resolution authorizes the law firm of Nolan and Heller — and that’s our environmental attorney David Engel,” said Mayor Robert Allen. “Basically, if [Engel] decides that it’s time to file a lawsuit [against Saint- Gobain Performance Plastics and Honeywell International], then he can file a lawsuit. He now has the authorization from the [village Board of Trustees] to file a lawsuit if he feels that is the only necessary next step that we have.”
Last year, under former village Mayor David Borge’s administration, the village board nearly voted to settle for roughly $1 million with the two companies blamed for bringing the cancer causing toxic substance into the village’s water supply.
However, village officials under Borge’s administration then decided to let the new administration under Allen work on any agreement.
“[The lawsuit] is ready to go, although this isn’t the option we would want,” said Allen. “We want to have good faith discussions with the compa-
nies to try to settle some of expenses that the village has taken on as well as to try to figure out a whole resolution to this whole thing, but those conversations have unfortunately been disappointing.”
After voting to allow Engel to file a lawsuit whenever he feels it may be necessary against the two companies, village officials then passed another resolution related to the ongoing PFOA battle.
“The second resolution, unfortunately ties in a bit,” said Allen, “It authorizes the village to commence litigation against the former environmental attorney, Fitzger-
ald and Morris firm. Back in November they filed a notice of claim against the village for what they’re saying is the cost of their services, which is just over $582,000. The village, again, we’ve had good faith discussions to try to come to a resolution, but at the end of the day the village disputes the alleged services and the bills… and we are content to have this end up at a trial in front of a jury.”
Allen said he is unsure how quickly the lawsuit could be filed against Fitzgerald and Morris.
On Wednesday morning, newly sworn-in Rensselaer County Executive Steve McLaughlin, highlighted during his first State of the County address potential plans to help address the
ongoing issue in the village of Hoosick Falls. McLaughlin said he has always believed that a solution to the water supply issue in the village could be drawing water from the TomhannockRiver.
“I am hopeful, maybe even optimistic, there will be an infrastructure development package formulated and approved at the federal level,” expressed McLaughlin during his speech. “Extension of water and sewer and technology infrastructure, along with repair of existing roads and bridges, are the possibly the best and most direct way to encourage development and growth in our county. It would also significantly boost health and quality of life in areas of the county, including Hoo-
sick Falls and nearby Petersburgh. I remained convinced of the need to provide a new public solution to help our neighbors in Hoosick Falls and Petersburgh deal with the recent PFOA issue, and would also like that explored to deal with toxic issues in Nassau.”