Silver Golub & Teitell LLP is proud to lead a groundbreaking class action lawsuit that has captured national attention for its potential to redefine corporate accountability in cases of environmental contamination. The case, Ryan v. The Newark Group, Inc., centers on the contamination of groundwater in Westminster, Massachusetts, with toxic per- and polyfluoroalkyl substances (PFAS), often called "forever chemicals." These substances, known for their persistence in the environment and links to serious health issues, have been found in alarmingly high concentrations in the town's water supply, threatening the well-being of hundreds of residents.
The contamination came to light in 2022, when several local families, experiencing unexplained illnesses and concerns over unusual health symptoms, tested their well water and discovered PFAS levels significantly exceeding safety limits set by the Massachusetts Department of Environmental Protection (MassDEP). Further investigations revealed that these chemicals likely originated from a composting facility operated by Massachusetts Natural Fertilizer Co., where waste from various sources, including paper mills, had been improperly disposed of for decades. This revelation spurred the residents to take legal action, culminating in the class action lawsuit now making headlines.
The SGT team, led by partners Ian W. Sloss and Johnathan Seredynski, has achieved significant victories litigation victories already, demonstrating the innovative use of the Racketeer Influenced and Corrupt Organizations Act (RICO) to hold corporations accountable for environmental harm. In December 2023, Judge Margaret Guzman of the U.S. District Court for the District of Massachusetts ruled that the RICO claims against several defendants, including Massachusetts Natural Fertilizer Co., Otter Farm, Inc., and Seaman Paper Company, could proceed to discovery. This marked the first time RICO claims had been successfully applied in a case involving PFAS contamination, opening a new frontier in environmental litigation.
The case has garnered significant attention from the media and legal community. In July 2022, The Boston Globe first reported on the origins of the contamination in its article, When Organic is Toxic.The piece detailed how a composting facility's negligent practices had led to widespread chemical contamination, posing severe health risks to the local community. In February 2024, Pillsbury Shaw's PFAS Observer published Breaking Ground(water): RICO Ruling Reshapes PFAS Litigation, which analyzed the December 2023 ruling that allowed our RICO claims to proceed, a first in PFAS-related litigation, highlighting its potential to reshape the legal landscape and broaden the scope of corporate liability. In September 2024, The Boston Globe continued its coverage with the article 'PFAS is Everywhere': A Mass. Class Action Lawsuit May Set a New Standard for Damages, which underscored the innovative use of the RICO statute in our case to seek damages and the potential impact this could have nationwide.
This case could pave the way for other communities impacted by environmental contamination to seek justice using similar legal strategies. By allowing the RICO claims to proceed, the court has signaled that corporations cannot hide behind technicalities or evade responsibility when their actions cause harm to the public and the environment. The press coverage underscores the significance of this case in potentially reshaping the legal landscape for environmental accountability and setting a higher standard for corporate conduct.
SGT's clients are seeking compensation for costs associates with future medical monitoring, damages for negligence, public nuisance, private nuisance, remediation, and depreciation in property values. The case is Ryan et al. v. The Newark Group, et al., No. 4:22-cv-40089 (D. Mass). The case is currently pending before United States District Judge Margaret Guzman of the District of Massachusetts.