Silver Golub & Teitell LLP (SGT) is leading a landmark class action that could redefine corporate accountability for environmental contamination. The case, Ryan v. The Newark Group, Inc., centers on the groundwater contamination in Westminster, Massachusetts, with per- and polyfluoroalkyl substances (PFAS)—“forever chemicals” notorious for their environmental persistence and serious health risks. These toxic substances have been detected in dangerously high concentrations in the town’s water supply, threatening the well-being of hundreds of residents.
The contamination was uncovered in 2022, when a local family troubled by what they suspected was unchecked dumping at local composting facility Massachusetts Natural Fertilizer Company ("MassNatural") tested their well water and found PFAS levels far exceeding the safety thresholds established by the Massachusetts Department of Environmental Protection (MassDEP). MassDEP's investigation revealed that the contamination likely stemmed from decades of improper waste disposal at a composting facility operated by MassNatural, which accepted waste from sources including paper mills. To date, MassDEP's investigation has uncovered that the private drinking water wells of over 200 homes in the area are contaminated with levels of PFAS considered harmful to human health.
SGT partners Ian W. Sloss and Johnathan Seredynski are spearheading the litigation and have secured significant early victories. In December 2023, U.S. District Judge Margaret Guzman of the District of Massachusetts ruled that RICO claims against key defendants, including Massachusetts Natural Fertilizer Co., Otter Farm, Inc., and Seaman Paper Company, could proceed to discovery. This groundbreaking decision marks the first time RICO claims have been allowed in an environmental contamination case. The Court also upheld other claims against 3M Company and The Newark Group.
The case has sparked widespread interest in both the media and legal circles. In July 2022, The Boston Globe broke the story with its investigative piece When Organic is Toxic, uncovering the negligent practices at the composting facility and their devastating consequences. Following the December 2023 ruling, Pillsbury Shaw’s PFAS Observer published Breaking Ground(water): RICO Ruling Reshapes PFAS Litigation, analyzing the historic implications of the court’s decision. Most recently, in September 2024, The Boston Globe published 'PFAS is Everywhere': A Mass. Class Action Lawsuit May Set a New Standard for Damages, highlighting the innovative use of the RICO statute to hold corporations accountable and its potential impact on environmental litigation nationwide.
SGT’s clients seek damages for negligence, public and private nuisance, property value depreciation, and remediation costs, as well as compensation for future medical monitoring. By allowing the RICO claims to advance, the court has sent a clear message: corporations cannot escape liability when their actions harm communities and the environment. This case stands to inspire similar legal strategies across the country, paving the way for justice in communities grappling with environmental contamination.
The case, Ryan et al. v. The Newark Group, et al., No. 4:22-cv-40089 (D. Mass), is currently pending before U.S. District Judge Margaret Guzman.
