Croda Plant at Atlas Point Carcinogenic Emissions Class Action

The substance known as EtO is odorless and colorless. Nevertheless, the complaint for this class action alleges that it is a known carcinogen, and that a plant owned by Croda, Inc. has been releasing it into the air in New Castle, Delaware, making people living nearby as much as four times more likely to develop cancer.

The class for this action is all natural persons who have lived in census tracts 10003015400,
10003105502 and 10003015802 for a period of one year or more at any time between January 1, 1988 and the present.

Croda has a plant at Atlas Point in Delaware that makes surfactants. Surfactants are compounds that lower the surface tension between two substances, such as gases and liquids, and allows them to bind. They are used as detergents, wetting agents, emulsifiers, foaming agents, and dispersants. The plaint uses EtO to make its surfactants. The complaint claims, “During the manufacturing process, EtO is emitted into the atmosphere by [Croda] in both controlled and uncontrolled releases.”

According to the complaint, EtO is “a powerful cancer-causing gas” and the EPA, the National Toxicology Program, the World Health Organization (WHO), and the International Agency for Research on Cancer (IARC) “all classify EtO as a known human carcinogen.”

People living in a certain geographical area near the Atlas Point plant, the complaint says, “have been exposed to large amounts of toxic, cancer-causing EtO as a result of the releases” from the plant. “Indeed, the EPA estimates that Class Members are up to 4 time more likely to develop cancer than the average American. The illness, disease and disease processes that exposure to EtO can cause [are] often latent, meaning not easily detected without diagnostic testing, particularly in their early stages.”

The complaint alleges that this means that these people “have the present medical need for diagnostic testing (also known as medical monitoring) for the early detection of those illnesses, diseases and disease processes, including cancer, that exposure to EtO can cause. Medical monitoring is reasonably medically necessary for those exposed to ensure that latent disease processes can be immediately identified and aggressively treated.”

The complaint cites a “documented unpermitted release of EtO” from the plant in 2008 and an “emissions accident” in 2018 caused by the use, and ultimate failure, of an incorrect gasket. According to the complaint, the EPA’s 2014 National Air Toxics Assessment (NATA) “demonstrated severe cancer risks in the area surrounding the Atlas Point plant. The 2014 NATA places the cancer risks of the census tracts measured in and around Atlas Point as the highest in Delaware and among the highest in the country.”

The counts include ultrahazardous activity—strict liability, public and private nuisance, and willful and wanton conduct, among other things.

Article Type: Lawsuit
Topic: Environmental

Most Recent Case Event

Croda Plant at Atlas Point Carcinogenic Emissions Complaint

August 24, 2020

The substance known as EtO is odorless and colorless. Nevertheless, the complaint for this class action alleges that it is a known carcinogen, and that a plant owned by Croda, Inc. has been releasing it into the air in New Castle, Delaware, making people living nearby as much as four times more likely to develop cancer.

Croda Plant at Atlas Point Carcinogenic Emissions Complaint

Case Event History

Croda Plant at Atlas Point Carcinogenic Emissions Complaint

August 24, 2020

The substance known as EtO is odorless and colorless. Nevertheless, the complaint for this class action alleges that it is a known carcinogen, and that a plant owned by Croda, Inc. has been releasing it into the air in New Castle, Delaware, making people living nearby as much as four times more likely to develop cancer.

Croda Plant at Atlas Point Carcinogenic Emissions Complaint
Tags: Cancer Risk, Environmental Contamination, Environmental Pollution, Polluted or Toxic Air, Toxic Emissions