Judge Returns Two Cases Charging Love Canal’s Recontamination to State Court from Federal Court
Judge Returns Two Cases Charging Love Canal’s Recontamination to State Court from Federal Court, Parker Waichman LLP Reports
New York, New York (PRWEB) August 28, 2013
Parker Waichman LLP, a national law firm dedicated to protecting the rights of victims injured by toxic exposure, notes that, according to court documents filed on Aug. 22, 2013, in U.S. District Court, Western District of New York, Judge John Curtin returned to state court two cases that allege the recontamination of the notorious Love Canal site in Niagara Falls, New York. The judge concluded that they don’t belong in federal court (Abbo-Bradley v. City of Niagara Falls, Case No.: 13-CV-487; and Pierini v. City of Niagara Falls, Case No.: 13-cv-498). Further, he noted that the claims did not rise to the level of meeting the guidelines of the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA).
Judge Curtin issued these orders last week as part of an ongoing dispute over a Niagara Falls neighborhood that, according to allegations in the Complaint, was built on a toxic waste site. Although the area was evacuated and cleaned in the 1970s, residents claim the effort was not successful, according to the Complaint, which alleges that a 2011 excavation of an old sewer pipe caused a new batch of hazardous chemicals to be released.
The notorious Love Canal neighborhood was so well known for the toxic waste on which it was built that in the late 1970s the very name of the town became a national symbol of the dangers of hazardous waste in America, as The Buffalo News reported on Feb. 9, 2013.
About 25 years after the state and federal governments declared Love Canal safe for people to live there – despite the 21,800 tons of toxic waste still buried beneath it – according to the Buffalo News report, three Love Canal families have filed a $113 million state lawsuit (this is the case referred to above as Abbo-Bradley v. City of Niagara Falls, Case No.: 13-CV-487), alleging that the Love Canal chemical landfill is leaking and that the chemicals are making residents of a nearby neighborhood ill.
http://www.prweb.com/releases/love_canal_state_court/08/prweb11070178.htm