Boston Globe Spotlights SGT's Pioneering Legal Strategy in Massachusetts PFAS Contamination Class Action

September 14, 2024

Stamford, CT – A September 14, 2024 Boston Globe article has cast a spotlight on a high-stakes class action lawsuit that could reshape the legal landscape for environmental litigation nationwide. The lawsuit, Ryan v. The Newark Group, Inc., spearheaded by Silver Golub & Teitell LLP partner Ian Sloss, has employed a groundbreaking legal strategy that is striking fear into the hearts of corporate defendants: using the Racketeer Influenced and Corrupt Organizations Act (RICO)—a statute traditionally reserved for prosecuting organized crime—to hold companies accountable for environmental contamination.

The Globe’s in-depth story by Adam Piore, entitled ‘PFAS is Everywhere’: A Mass. Class Action Lawsuit May Set a New Standard for Damages, describes the case as a potential game-changer in the battle against PFAS—per- and polyfluoroalkyl substances known as "forever chemicals." These substances have been linked to a litany of serious health problems, including cancer and immune disorders, and have been found in the drinking water of over 300 private wells in Westminster, Massachusetts.

At the heart of this litigation is an innovative legal theory developed by Sloss and SGT: treating a network of corporate polluters like a criminal enterprise under RICO. The plaintiffs, represented by Silver Golub & Teitell LLP, accuse several companies, including Massachusetts Natural Fertilizer Co., Otter Farm, Inc., and Seaman Paper Company, of conspiring to illegally dispose of toxic waste containing PFAS while sidestepping costly environmental regulations. The goal? To avoid paying for proper disposal and to hide the true extent of contamination from regulators and the public.

The article underscores how the December 2023 ruling by the U.S. District Court for the District of Massachusetts has set the stage for potentially transformative legal action. Judge Margaret Guzman’s decision to uphold RICO claims against key defendants—including Massachusetts Natural Fertilizer, Otter Farm, and Seaman Paper—sent shockwaves through both environmental and business communities. By allowing the claims to advance to discovery, the court has endorsed the idea that polluters can be pursued under RICO for environmental crimes, opening the door to triple damages.

The Globe story quotes a corporate defense attorney, Brian Gross, who warned at a recent industry conference that the “floodgates of liability” could soon burst open. “This ruling could set off a tsunami of lawsuits that dwarf anything we've seen with asbestos,” Gross remarked, emphasizing the magnitude of potential financial exposure facing companies in the PFAS chain.

“This is about accountability and justice for a community poisoned by corporate misconduct,” said Ian Sloss, SGT's lead attorney for the plaintiffs at Silver Golub & Teitell LLP. “The decision to uphold RICO claims is a legal breakthrough that signals to every polluter in America: You cannot hide behind a facade of legality while you destroy the environment and endanger public health.”

With stakes this big, the legal community is closely watching how this case unfolds, recognizing that a win for the plaintiffs could establish a powerful precedent, encouraging other affected communities to pursue similar legal strategies. As the Globe notes, the use of RICO in this context has drawn comparisons to the groundbreaking lawsuits against Big Tobacco, where novel legal theories ultimately reshaped industry behavior.

For industries accustomed to facing civil fines or regulatory penalties, the threat of RICO-based claims represents an existential challenge. If Silver Golub & Teitell LLP succeeds, it could open a new frontier in environmental law, creating a formidable deterrent against corporate wrongdoing.

For further information on this case, please contact:

Ian Sloss
Silver Golub & Teitell LLP
isloss@sgtlaw.com

(203) 325-4491