Judge Denies PPG’s Motion to Reconsider Allowing Federal Chromium Suit to Go Forward
By Jon Whiten • Jul 13th, 2010 • Category: Blog, News
A federal judge yesterday tossed PPG Industries’ motion to reconsider an earlier court decision that allowed a coalition of local groups and environmentalists to continue a federal lawsuit to push for a stringent cleanup of chromium contamination in Jersey City.
The groups — national nonprofit Natural Resources Defense Council (NRDC) and local groups Interfaith Community Organization (ICO) and GRACO — are pushing for stricter cleanup standards than those called for in last year’s multi-party settlement and consent judgment between PPG, the state Department of Environmental Protection (DEP) and Jersey City.
PPG, in arguing for reconsideration, claimed that there was new evidence available that might have changed the decision; namely the current implementation of the consent judgment at the Garfield Avenue chromium site.
But Judge Garrett E. Brown, Jr. wasn’t convinced, instead agreeing with the coalition of groups that, as he writes, “the evidence PPG advances is immaterial and is not new.”
While the cleanup effort is beginning its first phase this summer, it is expected to take several years. With the judge dismissing both PPG’s motion to reconsider and motion for interlocutory appeal of the earlier decision, it appears the federal case, barring any unforeseen developments, will likely get rolling in the next few months.
Memo Denying Motion for Reconsideration in PPG Federal Case
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Jon Whiten is the founding editor of the Jersey City Independent; he now works for a public-policy nonprofit in Trenton.
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