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It has been more than two months since Napoli Shkolnik filed the first group of Notices of Claim against the Town of Wheatfield, and on March 26th the first lawsuit on behalf of 70 current and former residents exposed to the toxic landfill was filed. Napoli Shkolnik Partner Louise Caro says she and the firm will be free to file lawsuits for the well over 100 more residents and counting who will be ready to file lawsuits when the time remaining on their Notices of Claim expire. Included in the lawsuit will be the Town of Wheatfield along with seven companies responsible for dumping Love Canal waste at the 19-acre site.
The Department of Environmental Conservation (DEC) changed the classification of the site to Class 2, a site of “significant threat to public health or environment.” Caro explains that Napoli Shkolnik PLLC hired consultants to conduct testing in the area last fall and the results yielded banned pesticides, Volatile Organic Compounds (VOCs) and heavy metals.
Caro commented that the chemical sludge is a “soup of toxic waste from love canal.”
Meanwhile the DEC has reported that they will spend state Superfund money to also investigate the site. They will analyze surface water, ground water and the soil for the presence of hazardous materials.
Residents are naturally concerned about their exposure to the contaminants found in the landfill; many are already dealing with respiratory issues, neurological problems and cancer. Wheatfield resident and Napoli Shkolnik client Brett A. Grawe lives adjacent to the dump site and is suffering from liver cancer. Many of the streets close to the landfill are lined with ‘For Sale’ signs or warnings regarding the area. Sadly moving is not an option for everyone despite homes being “uninhabitable” according to Caro.
Caro says that the Town has not filed any response or reached out for a dialogue regarding the situation. When Spectrum News reached out to the Town Attorney, he stated that he was aware of the claims but did not comment.”