Class Action Says ArcelorMittal Plant Emits Noxious Odors, Particulates

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Late last week, a class action lawsuit was filed in Pennsylvania federal court accusing ArcelorMittal USA Inc. of emitting air particulates and noxious fumes into the residential areas nearby.

Lead plaintiffs representing over 100 households in the area allege in their class action lawsuit that the steel mining company neglected to install and maintain technology required to control its air emissions. The plaintiffs further allege that they, and others in their neighborhoods, must stay indoors to avoid the stinky gas and dangerous air. They claim that they constantly have to clean their property from the effects of the noxious air and refrain from inviting friends and family to the area because of the stench.

“The noxious odors and air particulates invading plaintiffs’ property are indecent and offensive to the senses, and obstruct the free use of their property so as to substantially and unreasonably interfere with the comfortable enjoyment of life and property,” allege the residents in their class action lawsuit.

The plaintiffs allege in their class action lawsuit that “[a] properly constructed, operated and/or maintained facility will not emit noxious odors and air particulates into the neighboring residential areas.”

“By constructing and then failing to reasonably repair and maintain its facility, Defendant has intentionally and negligently caused an unreasonable invasion of Plaintiffs’ interest in the use and enjoyment of their property,” argue the plaintiffs in their class action lawsuit. “Defendant knowingly breached its duty to exercise ordinary care and diligence when it improperly constructed, maintained and/or operated the facility and knew, or should have know upon reasonable inspection that such actions would cause Plaintiffs’ property to be invaded by noxious odors and air particulates.”

The plaintiffs seek to represent a Class of all owners, occupiers and renters of residential properties within one and a half miles of the company’s facility. According to the class action lawsuit, the ArcelorMittal plant went into operation a few years ago, disrupting generations of blue-collar workers who live in the area.

“Whatever social utility Defendant’s facility provides is clearly outweighed by the harm suffered by the plaintiffs and the putative class, who have on frequent occasions been deprived the full use and enjoyment of their properties and have been forced to endure substantial loss in the value of their properties,” the class action lawsuit says.

The class action lawsuit seeks compensatory and punitive damages. “The claims originate form the same failure of the Defendant to properly construct, maintain and/or operate the facility,” say the plaintiffs in their complaint. “All class members have suffered injury in fact as a result of the invasion of their properties by Defendant’s emissions, causing damage in the form of loss of property values.”

The plaintiffs are represented by James E. Pasquale, as well as Steven D. Liddle, Nicholas A. Coulson and Brandon T. Brown of Liddle & Dubin PC.

The ArcelorMittal Noxious Emissions Class Action Lawsuit is Maroz, et al v. ArcelorMittal-Monessen LLC, Case No. 2:15-cv-00770, in the U.S. District Court for the Western District of Pennsylvania.

UPDATE: The ArcelorMittal class action settlement is now open! Click here to file a claim!