Residents near the Love Canal Superfund site can’t pursue a proposed class complaint alleging they suffered harm from chemical exposure because their claims conflict with federally-approved remediation efforts, a New York federal court said in dismissing the case. The complaint was also “completely speculative” and based on “generalized statements,” the U.S. District Court for the Western District of New York said Thursday in finding the residents failed to state plausible claims for relief. Current and former residents of the area near Niagara Falls, N.Y., claimed government organizations and companies were negligent in their clean up of storm and sewer systems. Substances from the Love Canal site migrated to the residents’ properties through the systems, according to the lawsuit, causing various illnesses and decreasing property value.
展开▼
