In a 39 page decision released today, United States District Judge Lawrence E. Kahn of the Northern District of New York denied the motion filed by defendants Saint Gobain and Honeywell seeking to dismiss the consolidated Hoosick Falls water contamination class action filed on behalf of village residents.
The Court held that plaintiffs had properly stated valid legal claims for negligence, trespass and nuisance due to the PFOA contamination of the drinking water in Hoosick Falls allegedly caused by the defendants.
The defendants made the argument that contaminating a resident's drinking water does not give rise to a valid claim because the water is not owned by the resident but by the State of New York. This argument was rejected by the Court in the today's decision.
The Court also held that plaintiffs' claims to establish a medical monitoring program for the residents of Hoosick Falls to facilitate early diagnosis and treatment of diseases related to PFOA exposure could proceed because the residents had properly alleged an injury to both person and property.
The Court did grant one portion of defendants' motion dismissing nuisance claims brought on behalf of the residents who obtained their water from the public water supply, holding that these residents could not bring a private nuisance claim.
The entire decision can be read below.
Stephen G. Schwarz
Hadley L. Matarazzo