Aerospace company Precision Castparts Corp. has agreed to pay out $22.5 million to settle claims brought on by a class-action lawsuit in 2016. The suit accused the metal fabrication company’s southeast Portland, Oregon, factory of polluting the air and nearby homes with toxic chemicals.
The original lawsuit was brought by nearby residents Brian and Alina Resendez in 2016. In their suit, they detailed in reporting from The Oregonian/OregonLive about elevated nickel levels in moss near the company’s facility. As a result of the find made by researchers and state environmental regulators, it was made apparent that nearby residents were also affected by the high levels of nickel and were likely exposed to it as well.
One nearby resident, Pat Ball, lived in the area for over 50 years with her husband. Ball shared with local news outlet KGW8, “My husband does have peripheral neuropathy which just came up in the past couple years. Whether that has anything to do with it, I don’t know. But I am a yard person and I’m digging all the time, so I’m in the moss and in the ground and I’m hoping it won’t affect me.”
As a result of the settlement, Precision Castparts Corp. is expected to pay $12.5 million to impacted residents and lawyers. It’s estimated these payments will be around roughly $3,500 per filed claim. The settlement will also cover funds that the company has already paid toward remedying the damage they've caused. This includes $7.7 million the company has spent on air pollution controls which are supposed to reduce the amount of nickel and other pollutants being released from the company's facility.
Precision Castparts has also spent over $300,000 on equipment that will monitor and test the air for potential pollution. The settlement will further require Precision Castparts to add an additional $2 million in pollution controls at their facility. However, this move is still pending court approval.
The settlement is set to be the largest environmental class action settlement in the state’s history. Attorney Matthew Preusch who is representing some of the plaintiffs shared the significance of the win. Preusch explained in a statement that the settlement was “going to result in meaningful air quality improvements for all the people in Southeast Portland.” Preusch added, “We are proud that after years of hard-fought litigation we have been able to reach a very excellent outcome.”
While the estimates place payment to those impacted at roughly $3,500, that number could change. Final payouts depend on how many people file a claim. Impacted residents have until April 9 to file a claim and must have lived in the area during the time of the pollution. There are roughly 6,000 homes in Southeast Portland eligible for a claim filing. Those impacted can learn more about claim proceedings and eligibility at www.structuralssettlement.com.
Following the announcement of the settlement, Precision Castparts appeared to welcome the settlement and explained that it would allow the company “to resolve costly long-term litigation.” The statement goes on to explain, “As always, we will remain in compliance with our air regulatory permits and will continue to invest in strong emission control technology as part of our commitment to the environment and our community.”
