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Falls chem company wins $2.5M judgment

By MATT CHANDLER | Buffalo Law Journal

Lawyers Charles Grieco, Brenda Joyce and Dennis Harkawik, from left, outside a former Solvent Chemical plant in Niagara Falls. They've spent 14 years representing Solvent as it pursues a court-ordered cleanup.
MARIE BENEVENTO/COURTESY JAECKLE FLEISCHMANN
In a case that has entered its fourth decade of legal wrangling, lawyers representing Solvent Chemical Co. and its parent company, ICC Industries Inc., won a $2.5 million judgment tied to the cleanup of Solvent's former chemical facility in Niagara Falls.

New York state first filed an action against the company in 1983 under the Comprehensive Environmental Response Compensation and Liability Act (CERCLA) seeking to force the company to pay for a "Superfund" cleanup of the site, at 3163 Buffalo Ave. Solvent Chemical agreed in 1997 to handle the cleanup of the site. The company reports that it spent $9 million for the construction of a groundwater pump and treatment system, completed in 2003.

As part of the settlement, Solvent reserved the right to pursue recovery of some of the costs from other parties, and subsequently sought to collect from up to 60 other companies that sent hazardous substances to the site through the years.

 


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