Consolidated Edison Co. (Con Ed) will have to pay part of an estimated $24 million in cleanup costs tied to a former polluted manufactured gas plant, a New York federal judge ruled on Nov. 21.
The case brought four plaintiffs: West 17th Development LLC, HLP Properties LLC, West 58th Street Mini Storage Corp., and PLH Enterprises Inc. who sought remediation costs from Con Ed, claiming the company was the successor of the contaminated site, therefore it was liable for reimbursing the plaintiffs for any cleanup costs.
U.S. District Judge Lorna Schofield found that West 17th and HLP had entered into a Brownfield site cleanup agreement with the state in December 2010, resolving liability and limited the costs they could seek from Con Ed, while West 58th Street Mini Storage and PLH had not. As a result, West 17th and HLP were limited to seeking contribution costs from Con Ed, but W. 58th St. and PLH could seek the more favorable response costs, Law 360 reported.
The site, which operated from 1834 until the early 1900s, was originally owned by Manhattan Gas Light Co. and the Consolidated Gas Co., a predecessor of Con Ed. According to the plaintiffs, $3.6 million had previously been spent to cleanup coal tar residue, heavy metals and various compounds.; and they expect to spend a total of $24 million.
The case is HLP Properties LLC et al. v. Consolidated Edison Co. of New York Inc., case number 1:14-cv-01383, in the U.S. District Court for the Southern District of New York.
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