Moss Study Triggers Third Heavy Metal Class Action

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By Peter Hayes

July 13 — Another group of Oregon residents filed an environmental class action against metal fabricator Precision Castparts ( Foster v. Precision Castparts Corp., Or. Cir. Ct., docket number unavailable, 7/8/16 ).

The action stems from a Forest Service moss study that mapped the concentration of heavy metals.

The study was based on samples of moss taken in 2013 and 2015, and shows elevated levels of heavy metals in hot spots around the Portland, Ore., area (31 TXLR 529, 6/9/16).

The South Portland residents seek an injunction ordering the company to clean up the contamination on and around their homes, and to cease the emission of air pollutants “at levels that interfere with any reasonable use of the surrounding properties and neighborhood.”

The plaintiffs also seek an injunction ordering the company to cease its “active or ongoing trespass of plaintiffs’ properties,” and to clean up existing contamination.

The allegations are similar to a pending class action against Precision Castparts filed by area residents stemming from the moss study in Resendez v. Precision Castparts Corp., Or. Cir. Ct., No. 16-CV-16164, filed 5/11/16 .

A separate group of plaintiffs has filed suit against Bullseye Glass Co. stemming from the study ( Krueger v. Bullseye Glass Co., Or. Cir. Ct., No. 16-CV-07002, amended complaint filed 4/14/16 .

Keller Rohrback LLP represents the plaintiffs.

To contact the reporter on this story: Peter Hayes at phayes@bna.com

To contact the editors responsible for this story: Steven Patrick at spatrick@bna.com and Nicholas Datlowe at ndatlowe@bna.com

For More Information

A copy of the complaint is available at http://src.bna.com/gKe.

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