Motion to Dismiss Hoosick Falls Class Action Denied by Federal District Court

In a 39 page decision released today, United States District Judge Lawrence E. Kahn of the Northern District of New York denied the motion filed by defendants Saint Gobain and Honeywell seeking to dismiss the consolidated Hoosick Falls water contamination class action filed on behalf of village residents.

The Court held that plaintiffs had properly stated valid legal claims for negligence, trespass and nuisance due to the PFOA contamination of the drinking water in Hoosick Falls allegedly caused by the defendants.

The defendants made the argument that contaminating a resident’s drinking water does not give rise to a valid claim because the water is not owned by the resident but by the State of New York. This argument was rejected by the Court in the today’s decision.

The Court also held that plaintiffs’ claims to establish a medical monitoring program for the residents of Hoosick Falls to facilitate early diagnosis and treatment of diseases related to PFOA exposure could proceed because the residents had properly alleged an injury to both person and property.

The Court did grant one portion of defendants’ motion dismissing nuisance claims brought on behalf of the residents who obtained their water from the public water supply, holding that these residents could not bring a private nuisance claim.

The entire decision can be read here.


Village Ignores Residents’ Concerns Regarding Controversial Settlement Agreement

The village of Hoosick Falls is in the process of finalizing a controversial settlement with the two companies that are to blame for the pollution of their water supply, despite villagers’ concerns with specific sections of the agreement.

A summary was posted on the village’s website last week that many felt casted aside the community’s concerns with the agreement.

The agreement will reimburse the lost revenues from the pollution of the water supply. However, there is a section in the agreement which will prevent the village from being able to sue the two companies at fault for the pollution if future contamination occurs from the existing groundwater wells they own. The villagers of Hoosick Falls believe this section should not be included in the agreement.

The village states that if there is future contamination, the state Department of Environmental Conservation can take action against the companies responsible for the pollution, but the villagers are not satisfied with this answer.

The vote on the agreement was initially set to have taken place last month, but was postponed due to the high volume of villagers’ concerns.

A meeting was set on January 12th to help resolve those concerns, but resulted in no success and Hoosick Falls’ residents felt their concerns were not taken into consideration for that section of the agreement.

The villagers will be noticed if a vote is scheduled or if amendments to the agreement are taking place.

Read the full article here.


Hoosick Falls Considers Farmland for New Water Supply

Hoosick Falls PFOA contaminationHoosick Falls is looking into a farm along the Hoosic River located about a mile south of the village’s water treatment plant as an alternate water supply after the PFOA water contamination.

The farmland is owned by Jeffrey Wysocki, Hoosick town Councilman, and is located off Route 22 across from the central school district building.

The New York State Department of Environmental Conservation drilled a test well at the site and found that the underground water supply in the area is free of PFOA.

The state will begin installing a larger well line in two weeks to test the strength of the underground aquifer and to verify that it would be able to supply 500,000 gallons per day, which is the village’s water usage requirement. In addition, it will also re-test the water for any contamination.

The DEC has been leading the search for an alternate water supply since last February.

Sean C. Mahar from the DEC stated, “Our investigation has been thorough and accomplished a lot in a relatively short period of time…We have a very promising location.”

The next step will include Saint-Gobain and Honeywell to conduct studies that would rank and provide cost estimates of all the alternate water supply options. The proposals will be introduced in community hearings allowing for public input.

Read the full article here.


Village Board of Hoosick Falls Considers PFOA Contamination Agreement

Hoosick Falls PFOA lawsuitAn agreement with Saint Gobain Performance Plastics and Honeywell International, the two companies being held accountable for the PFOA water contamination in Hoosick Falls, is being considered by the village board.

The agreement, which is estimated to cost the two companies $850 thousand, will reimburse the village of Hoosick Falls for the losses it incurred from decreased water and sewer revenues, in addition to the costs of flushing water pipes.

The village board will consider the agreement at a meeting being held today at 6 p.m. at the Hoosick Falls Senior Center.

Learn more about the proposed agreement on the Hoosick Falls Water Contamination website here.

Read the full story here.


Settlement of $850,000 Reached in Hoosick Falls Lawsuit

Hoosick Falls PFOA lawsuit settlementEarlier this month, the two companies that were held accountable for contaminating the water supply of Hoosick Falls with PFOA agreed to a $850,000 proposed settlement agreement.

The money paid by Saint-Gobain Performance Plastics and Honeywell in the settlement will contribute to the costs of water sampling, flushing waterlines, repairing fire hydrants, engineering, legal services, public relations, and the losses incurred from reduced water and sewer usage.

Mayor David Borge stated that the agreement, “will ensure that village residents are not forced to bear the financial burden of paying for the village’s response to the PFOA crisis — a situation they did not create.”

The agreement will also reserve rights by the village for any “future potential liabilities related to PFOA releases associated with the companies’ former manufacturing facilities in the village. PFOA contamination that may have resulted from other locations, such as the village-owned landfill, are not covered by the new agreement.”

This settlement agreement is separate from the consent order between the two companies and the state Department of Environmental Conservation that is seeking to recoup costs of additional sampling and filtering, as well as cleanup of the state Superfund site.

Read the full article here.