Voestalpine Settles With Texas Residents Over Claims It Failed To Contain Dust In Iron Ore Plant

Voestalpine Iron Ore Plant Dust Class Action Settlement Overview: 

• Who: Voestalpine has reached a settlement with a class of Texas residents. 
• Why: Residents claim they were exposed to dust from products in Voestalpine’s iron ore plant.
• Where: The class action settlement was presented in Texas federal court.

Voestalpine has reached a settlement with Texas residents who claim they were exposed to dust from products in the global steel-and-technology company’s iron ore plant. 

Residents claim dust from the plant, which is located just outside Portland, Texas, damaged their properties, arguing Voestalpine failed to keep it contained. 

The dust that residents say damaged their properties was defined as “dust or particulate matter of any kind or nature, relating to the receipt, storage, handling, movement, screening, shipment, processing or manufacturing,” of the products at Voestalpine’s iron ore plant, according to the settlement agreement. 

Residents claimed Voestalpine violated the federal Clean Air Act, along with a number of other federal, state, county, city and local statutes, according to the settlement. 

Eligible Residents Can Make Claim To Be Included In Settlement 

A preliminary class has also been certified by the Texas federal court. Claims for damages to commercial or business properties were excluded. 

Residents who lived in the impacted areas between the time periods of Aug. 1, 2016 to Oct. 28, 2021, are eligible to make a claim to be included in the settlement. 

Seven areas adjacent to the plant have been identified as areas potentially impacted by the alleged claims, including the City of Portland and the City of Gregory, according to the settlement agreement. 

Individuals who want to decline to be part of the settlement or object to it entirely must do so by Feb. 11. 

Voestalpine has denied and continues to deny any wrongdoing as part of the terms of the class action settlement agreement. 

The Texas Commission on Environmental Quality currently has two pending enforcement actions with Voestalpine. 

In a separate case concerning dust in 2019, an investigation looked into the effect 3M Dust Masks had on coal miners who contracted pneumoconiosis after breathing in coal dust while at work.

Was your property damaged from dust coming from Voestalpine’s iron ore plant? Let us know in the comments! 

The Voestalpine Iron Ore Plant Dust Class Action Settlement is Chapman, et al. v. voestalpine Texas, LLC, et al., Case No. 2:17-cv-00174, in the U.S. District Court for the Southern District of Texas.

Read About More Class Action Lawsuits & Class Action Settlements:

• Recall Check: H-E-B Tomato Basil Soup Recalled Over Potential Glass Contamination
• Recall Check: Alexander & Hornung Recalls More Than 200K Pounds of Ham and Pepperoni Due to Possible Listeria Contamination
• Recall Check: Calise Bakery Recalls Mislabeled Bread Due to Undeclared Sesame Seeds
• Remdesivir Recalled by Gilead After Glass Found in COVID-19 Drug