Judge: Norlite suit can proceed
Neighbors of plant have sued over pollution concerns; company casts doubt on perceived health risk
A federal lawsuit that neighbors of the Norlite aggregate plant and incinerator have filed will move forward, with a judge ruling against the company’s effort to have the suit dismissed.
“Plaintiffs have plausibly alleged that (Norlite’s) ‘processing, handling, and/or storage of aggregate materials, fines materials, and blockmix materials’ constitutes an abnormally dangerous activity,” U.S. Northern District Judge Brenda Sannes wrote earlier in the week in denying the company’s motion to dismiss the lawsuit.
Sannes also upheld the plaintiffs’ request for ongoing medical monitoring, which Norlite had tried to dismiss.
The order means the case can proceed, probably with discovery, or fact-finding, that would eventually lead to a trial, said Phillip Oswald, the plaintiffs’ lawyer. He is with the Rupp Baase Pfalzgraf Cunningham law firm. Norlite spokesman Bill Callen said there is still a long road ahead before the case is resolved. And he said Norlite is not the only plant in the area that creates dust.
“Norlite is actively engaged in efforts to control the dust on our property, which we know is a concern for our neighbors. It is not the case, however, that all of the dust that our neighbors experience originates with Norlite. We are part of a heavily industrialized neighborhood bisected by a railroad line and next to a major highway,” said Callen.
“Nor is there credible scientific evidence that the dust, regardless of source, is a health risk. The
decision of the court represents a very early step in what is likely to be a long legal and scientific process,” he added.
Norlite is being defended by James Ray of the Robinson & Cole law firm.
Plaintiffs in the suit include residents of the Saratoga Sites, a subsidized housing project abutting the Norlite site, and several other nearby residents.
They have complained that the plant, where shale rock is mined and then processed into construction aggregate, has long been the source of silicate dust that blows through the neighboring areas.
They also worry about the plant’s kilns which, under state license, accept and burn hazardous waste such as used solvents. Activists are also calling for the state Department of Environmental Conservation not to renew the operation’s license, which is up for renewal.
Norlite was thrust into headlines in 2020 amid revelations that the company had been burning potentially toxic PFAS compounds from unused firefighting foam they had collected under waste incineration contracts. PFAS, or per- and polyfluoroalkyl substances, are suspected carcinogens.
The PFAS incineration was legal at the time but has since been banned in New York.
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