More than 900 residential property owners in the southern section of Carteret, New Jersey, will receive substantial payments as part of a $42 million class action settlement related to contamination caused by the former United States Metal Refining (USMR) Company. The settlement was recently granted final approval following a federal court hearing.
Under the terms of the settlement, eligible homeowners residing near the former USMR smelter site between January 30, 2017, and March 27, 2023, will receive payments of $18,000 each. The total payout for affected homeowners is based on the length of time they have owned their properties within the specified period.
Attorney Steven J. German, who represented the homeowners, stated that out of 1,205 eligible homes, 917 filed claims to receive the settlement funds. These residents reside in properties located within the borough of Carteret which is bordered by the Peter J. Sica Industrial Highway to the east, Romanowski Street to the northeast, Cypress Street to the north, Arthur and East Grant streets to the west, and Middlesex Avenue to the south. Nonresidential properties were not included in the settlement.
The lawsuit sought to resolve property damage claims resulting from USMR’s alleged failure to test and remediate contaminants properly released at their smelter site. The company, which had denied any wrongdoing, is accused of releasing substances such as lead, arsenic, and other contaminants into the environment.
However, one resident raised objections to the settlement, arguing that she had been exposed to emissions from the smelter for longer than the specified 6 ½-year period due to her work at the smelter’s yard office. She and her family members reportedly developed cancer, potentially as a result of this exposure. Her objections centered around potential personal injuries and the need for medical monitoring rather than the fairness of the settlement.
USMR, which has been a subsidiary of Freeport McMoRan since 2007, operated a smelter and metal refining operation in Carteret between 1903 and 1986. The company entered a consent order with the New Jersey Department of Environmental Protection in 1988 to address the site’s cleanup.
In 2017, Carteret reached a separate $7.4 million settlement with USMR related to contamination. This included an initial payment of $4.25 million to the borough, followed by an additional $3.15 million distributed over the next ten years. The funds from this settlement were earmarked for environmental initiatives, public health programs, and waterfront recreation projects.
This recent class action settlement aims to compensate residential property owners affected by the contamination caused by USMR’s operations. By providing eligible homeowners with substantial payments, it seeks to address the property damage resulting from the company’s alleged failure to properly manage and remediate the environmental impact of its operations.
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