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A $20 million federal lawsuit against the EPA for the discovery of a New Jersey site with toxic chemicals was still undecided Tuesday, but the lead attorney for neighbors challenging a proposed landfill in a Love Canal-type situation said he could provide important evidence in the case.
Richard Barasch, the attorney for the New Jersey Coalition Against Spills, a group that opposes a proposed site in Newark for chemical waste, said U.S. District Judge William Sessions of Newark could issue a default judgment against the EPA if the agency fails to answer his questions about the site.
The lawsuit contends that new technology and the lowered levels of chemicals in the groundwater in the area at one time known as the Binghamton neighborhood mean it is “essentially a Love Canal with a dollop of plastics.”
Barasch said he has asked for documents dealing with the site and expects to receive them by the end of the month. He said he will use what he receives to demonstrate how the state and the EPA failed to properly deal with the site in the 1970s, and he said New Jersey residents deserve compensation for injuries they and their families have suffered as a result.
The lead attorney for American residents of the region who had similar concerns in the 1970s over possible health problems from chemicals in the area said his clients want to know if the site is still leaking and what, if any, steps the EPA is taking to evaluate the risk.
Laurie Rhoads, attorney for the New Jersey Fund for Justice, said she is still seeking documentation from the state and the EPA regarding the site, which was the focus of a New York Times series in the late 1980s that exposed the effects of chemical waste from the late 1950s.
“It’s time to stop looking for something that’s not there and start looking for something that’s toxic that’s there,” Rhoads said of the investigation.
EPA spokesman Ray Evers said the agency does not comment on active litigation.
The New Jersey case became a major issue in the November 1988 election, and New Jersey Gov
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