Longtime residents of a small Nebraska community filed suit, for themselves and their neighbors, in State District Court to seek funds allegedly necessary to remediate property damage caused by pollution.
The lawsuit, brought as a class action for a carefully defined group, asserts that a Nebraska industrial manufacturing company has been under close scrutiny by the U.S. EPA and State Department of Environmental Quality for 15 years. The complaint quotes a recent study, completed after 15 years of monitoring, and under terms of a consent judgment issued in Federal Court.
While the complaint compliments the industry on its clean-up efforts, and acknowledges attempts to comply with regulatory requirements, it alleges that remediation efforts have not prevented property damage to nearby structures.
According to the papers filed in District Court, Domina Law Group pc llo's clients own a residence nearby the polluter, and have suffered damages because heavy metals eliminated into the air by the business have disfigured and discolored, and accelerated deterioration, of metal and wood buildings and structures nearby.
The suit carefully defines what neighbors qualify for inclusion in the class of persons harmed by the pollution. It seeks money damages to help replace and repair damaged property.
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