New York Residents Now Allowed to Sue for Exposure to Contaminants from Superfund Sites

The Albany Times-Union recently reported that Governor Andrew Cuomo signed into law a bill that gives New York State residents the power to file personal injury claims against polluters, who, they claim, caused them to become ill as a result of being exposed to contaminants from nearby Superfund sites.

The Albany Times-Union recently reported that Governor Andrew Cuomo signed into law a bill that gives New York State residents the power to file personal injury claims against polluters, who, they claim, caused them to become ill as a result of being exposed to contaminants from nearby Superfund sites.

The bill was introduced by state Assemblyman John McDonald and state Senator Kathy Marchione in response to the recent environmental crises that affected the drinking water in Hoosick Falls and Petersburgh. The law also extends the statute of limitations to those who were sickened from being exposed to Superfund contaminants up to three years.

It was discovered early this year that many Hoosick Falls residents were diagnosed with various cancers and thyroid conditions after drinking tap water that was contaminated by perfluorooctanoic acid, or PFOA, according to the Albany Times-Union. Unfortunately, when they finally realized the chemical made them sick, their window of opportunity to take legal action had closed.

PFOA is a man-made chemical that has been used to make industrial and household products such as non-stick coatings and heat-resistant wiring. Despite its links to kidney and testicular cancer and other illnesses, PFOA is not considered by the U.S. Environmental Protection Agency to be a toxin.

The chemical was dumped into the Hoosick Falls water supply by an industrial plant operated by Saint-Gobain Performance Plastics and, before that, Honeywell International. In Petersburgh, Taconic Plastics poured the chemical into the Hoosac River; traces of PFOA were later found in the groundwater. The state later declared both company plants as Superfund sites. Under the Superfund program, the state can look into the extent and nature of the contaminants and undergo remediation where the contaminants were found. In addition, the state can classify PFOA as a toxic substance and pursue legal action against the three companies.

If you believe you have become ill — or if you have lost a loved one — after being exposed to a contaminant, you may have the right to file a personal injury claim. The experienced attorneys at McGuire & Peláez, PC, can help. Call (631) 348-1702.