U.S. District Judge Nelson S. Rom\u00e1n has ruled that the Village of Endicott’s lawsuit against IBM can move forward. The suit alleges that IBM’s operations at its Endicott manufacturing campus from 1911 to 2022 contaminated municipal drinking water wells with 1,4-dioxane and per- and polyfluoroalkyl substances (PFAS) through spills, leaks, and improper disposal practices. In December 2020, the Village closed two wells and has since spent over $1 million purchasing replacement water from a neighboring municipality, with a $12 million new well planned to restore its long-term water supply.<\/p>\n\n\n\n
The ruling allows the Village’s Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) cost-recovery, negligence, public nuisance, and trespass claims to proceed into discovery.<\/p>\n\n\n\n
Paul J. Napoli, who is leading the case for the village, called the ruling a critical step toward accountability: “This ruling ensures that the village will have the opportunity to pursue discovery and continue seeking accountability and recovery of the substantial costs incurred to protect the community’s drinking water supply.”<\/p>\n\n\n\n
Stephen Acquario, also representing the village, spoke to what the ruling means for Endicott residents: “The message today from the people of Endicott is polluters will pay. If you pollute the environment, you’re going to be strictly liable for cleanup costs.”<\/p>\n\n\n\n
With discovery now set to begin, Napoli Shkolnik will continue pursuing full accountability and cost recovery on behalf of Endicott residents. <\/p>\n\n\n\n
The news was covered across local outlets, including Fox 40<\/a>(WICZ), ABC(WIVT)\/NBC(WBGH)<\/a>, y Binghamton Press & Sun Bulletin<\/a>.<\/p>\n\n\n\n <\/p>","protected":false},"excerpt":{"rendered":" U.S. District Judge Nelson S. Rom\u00e1n has ruled that the Village of Endicott’s lawsuit against IBM can move forward. The suit alleges that IBM’s operations at its Endicott manufacturing campus…<\/p>","protected":false},"featured_media":0,"menu_order":0,"template":"","whitepaper_category":[1449],"whitepaper-source":[],"class_list":["post-23041","whitepapers","type-whitepapers","status-publish","hentry","whitepaper_category-environmental"],"acf":[],"_links":{"self":[{"href":"https:\/\/napolilaw.com\/es\/wp-json\/wp\/v2\/whitepapers\/23041","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/napolilaw.com\/es\/wp-json\/wp\/v2\/whitepapers"}],"about":[{"href":"https:\/\/napolilaw.com\/es\/wp-json\/wp\/v2\/types\/whitepapers"}],"version-history":[{"count":1,"href":"https:\/\/napolilaw.com\/es\/wp-json\/wp\/v2\/whitepapers\/23041\/revisions"}],"predecessor-version":[{"id":23042,"href":"https:\/\/napolilaw.com\/es\/wp-json\/wp\/v2\/whitepapers\/23041\/revisions\/23042"}],"wp:attachment":[{"href":"https:\/\/napolilaw.com\/es\/wp-json\/wp\/v2\/media?parent=23041"}],"wp:term":[{"taxonomy":"whitepaper_category","embeddable":true,"href":"https:\/\/napolilaw.com\/es\/wp-json\/wp\/v2\/whitepaper_category?post=23041"},{"taxonomy":"whitepaper-source","embeddable":true,"href":"https:\/\/napolilaw.com\/es\/wp-json\/wp\/v2\/whitepaper-source?post=23041"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}