EAST CHICAGO, Ind.
(AP) - Companies taken to court over property damage from the contaminated
USS Lead Superfund site in East Chicago have asked a federal judge to
dismiss the case.
the lawsuit last year that alleges the companies' decades-long operations
near homes forced property values to plummet, The (Northwest Indiana) Times
reported. The lawsuit also alleges the companies trespassed on properties
with the release of airborne contaminants that settled into soil and through
soil fill contamination in yards.
The lawsuit lists
Atlantic Richfield Co., its successor Tesoro Corp.; E.I. DuPont De Nemours
and Co., and its successor The Chemours Co.; and U.S. Smelter and Lead
Refinery, as defendants in the case.
The companies argue
that the Environmental Protection Agency notified plaintiffs of
contamination as early as 2010, outlined a remediation plan in 2012, and
entered into a consent decree in 2014, forcing companies to pay for cleanup.
Cleanup of yards by
the EPA is ongoing as the federal agency continues to secure funding from
companies responsible for the pollution. Attorneys representing homeowners
say EPA's cleanup of yards does nothing to compensate families for the loss
in property value and other damages.
In a filing
opposing the motion to dismiss, David Chizewer, attorney for residents,
argued DuPont, ARCO and USS Lead were negligent and breached their duty to
current and future homeowners by contaminating neighboring land.
seeks damages in excess of $75,000, alleging negligence, trespass and