18 Love Canal class-action lawsuits dismissed

(WIVB) – A judge recently dismissed 18 class-action lawsuits that alleged toxic chemicals from Love Canal had migrated into their neighborhoods, damaging property and made some people sick.

The lawsuit included dozens of residents who alleged a 2011 sewer excavation project near the landfill had released the toxic chemicals.

They sued 10 entities, including OxyChem, the City of Niagara Falls and its Water Board, and Glenn Springs Holdings, which monitors and manages the landfill.

Supreme Court Justice Frank Sedita dismissed each case on the grounds that the plaintiffs’ claims were speculative.

Love Canal is among the worst environmental disasters in the country. It spurred the federal superfund program that aims to clean up toxic sites.

“We are pleased with the ruling, which we believe properly applied the law," said Eric Moses, a spokesman for one of the defendants, OxyChem. "The New York State Department of Environmental Conservation and US EPA have all determined through decades of extensive monitoring and testing that the landfill remedies, including at Love Canal, have been operating as designed and are protective of human health and the environment.”

The plaintiffs did file a notice of appeal.