An Allegheny County judge has approved aĀ settlementĀ to resolve a class action lawsuit that claims pollution from the countryās largest coke producing facility created a nuisance and hurt nearby property values.
U.S. Steel has agreed to pay $2 million to residents in the class, althoughĀ about half this sum will go to attorney fees.
The settlement also stipulates that U.S. Steel put $6.5 million towards environmental improvement projects at its Clairton Coke Works facility, including installing air coolers, and implementing battery machinery and refractory improvements.
āTheyāre going to reduce the emissions, and hopefully improve the quality of life in the class area. But we also arenāt releasing any future claims, so that if there are continued issues in the future, people can go ahead and sue again,ā said plaintiff attorney Nick Coulson of the Detroit-based law firm Liddle & Dubin, PC.
Coulson was unable to say how many people would receive compensation,Ā as his office was still reviewing claim forms to verifyĀ that possible class members lived within the stipulated geographic area, between May 2015 and October 2018.
Clairton resident David Ferraro said the sum of $2 million was only a drop in the bucket.
āIām a strong business proponent. I like U.S. Steel. However, itās time that U.S. Steel pays back the city of Clairton for all weāve suffered,ā said Ferraro.
At the class actionās final hearing on Monday, Ferraro told Court of Common Pleas Judge Philip Ignelzi that pollution from U.S. Steel has driven out business from Clairton, and caused people not to move to the community. Ignelzi pointed out that a number of factors have contributed to Clairtonās economic decline, a fact Ferraro conceded.
āNo class settlement is totally perfect,ā said Igneliz, who added that if a hypothetical jury were to award an extremely large amount to the class after a trial, that verdictās sum would likely be appealed and then struck down by the U.S. Supreme Court.
Igneliz said āI am convincedā the settlement was a good resolution for plaintiffs.
A statement from a U.S. Steel spokesperson thanked the court for approving the settlement, and said that, āEnvironmental stewardship and safety remain core values at U. S. Steel, and we are committed to investing in our operations and processes to continue to improve air quality at both Clairton and throughout the Mon Valley.ā
āI think that, itās a settlement thatās clearly not sufficient to restitute people for the damageā¦I think a lot of people in the community recognize that,ā said Myron Arnowitt, the Pennsylvania director of Clean Water Action, an environmental advocacy nonprofit.
Arnowitt said that many of the improvements U.S. Steel agreed to in the settlement seem āvery similarā to commitments it has already made with the Allegheny County Health Department, meaning this agreement may do little to improve air quality in and around Clairton.
āI think [U.S. Steel will] find out that people will continue pursue the company for compensation for various kinds of harms, including health problems,ā he said.
This class action did not address health issues, so people who believe that emissions from Clairton has made them ill may still sue on those grounds. This settlement doesnāt include any issues surrounding the 2018 Christmas Eve fire, which is being addressed by another pending class action lawsuit.
This story is produced in partnership with StateImpact Pennsylvania, a collaboration among The Allegheny Front, WPSU, WITF and WHYY to cover the commonwealth's energy economy.
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