Philly Class Action Lawsuit Targets Delaware River Chemical Spill

A class action lawsuit has been filed in Philadelphia in response to a chemical spill in the Delaware River that prompted widespread panic and health concerns among residents. The legal action comes on the heels of a recent incident in which thousands of gallons of a chemical used to refine latex were released from a Bristol plant into a tributary of the Delaware River, leading to fears of water contamination and a rush to purchase bottled water.

The plaintiffs in the lawsuit, Timothy McGraw, Emily Cohen, and Danielle Byrd, filed the suit on March 30, 2023, in the Philadelphia County Court of Common Pleas against Altuglas, LLC of Bristol and Trinseo, LLC (a.k.a. Trinseo, PLC) of Wayne. The lawsuit alleges that on March 24, 2023, between 8,100 and 12,000 gallons of latex emulsion solution were released from the Altuglas chemical plant in Bristol, Pennsylvania, into Otter Creek, which feeds into the Delaware River. According to the suit, the defendants have admitted that the toxic release resulted from an “equipment failure” at their facility. The latex solution that spilled contained butyl acetate, ethyl acetate, and methyl methacrylate—chemicals that can cause symptoms such as headaches, dizziness, nausea, and irritation of the skin, respiratory passages, and eyes.

The lawsuit further alleges that the facility from which the latex emulsion solution leaked has a history of at least four previous leaks dating back to 2010, with the most recent being a methyl methacrylate leak in early 2020. The plaintiffs argue that the chemical spill occurred approximately eight miles upstream from the Baxter Drinking Water Treatment Plant, which supplies drinking water to residents of the City of Philadelphia from the Delaware River. The Delaware River is the primary source of drinking water for about 58 percent of Philadelphia’s residents, according to the suit.

In the wake of the chemical spill, on March 26, 2023, a mobile public safety alert was sent to phones throughout Philadelphia, advising residents to use bottled water until further notice instead of potentially contaminated tap water sourced from the Delaware River. The public safety alert read: “City of Philadelphia recommends using bottled drinking water from 2 p.m. 3/26/2023 until further notice for all Philadelphia Water Department customers. Contaminants have not been found in the system at this time, but this is out of caution due to a spill in the Delaware River.”

The chemical spill and potential contamination of drinking water prompted residents and businesses throughout Philadelphia to immediately purchase bottled water and incur other economic damages that they would not have otherwise incurred. Plaintiffs and class members had no knowledge of how long the environmental effects would last and thus needed to stock up on bottled water to last for an unknown amount of time, whether it is hours, days, weeks, or longer. This led to a run on water products in the Philadelphia area, with many stores selling out of bottled water within hours of the news of the chemical spill from the defendants’ facility.

In the aftermath of the incident, residents continued to receive updates and live in fear that their tap water was not, or would no longer be, safe. Consequently, residents were forced to go to stores to purchase bottled water or take other actions in response to the chemical spill, which they would not have taken absent the chemical spill. The lawsuit also notes that many consumers, who typically avoid purchasing bottled water due to its environmental impact, felt compelled to do so in this instance. In addition to the cost of bottled water, Philadelphia residents and businesses incurred additional economic damages, such as the cost of gas for their vehicles to travel to stores, the value of their time spent purchasing water, and lost business opportunities, revenues, and profits as a direct result of the defendants’ chemical spill.

In a press release issued subsequent to the spill, Trinseo, one of the defendants, stated that the Bristol facility where the spill took place did not have prior violations on its record. The company took ownership of the facility in 2021 and claimed that the facility has a history of compliance with environmental regulations. The company further emphasized that it is a Responsible Care® company and that the safety of employees, communities, and the environment is a top priority for them. While Trinseo expressed dismay at the release and acknowledged the disruption caused to the community, it affirmed its commitment to taking all available measures to ensure that an incident of this kind is never repeated.

The plaintiffs in the class action lawsuit are seeking a range of relief, including the certification of the action as a class action, the appointment of plaintiffs as class representatives, and the appointment of the undersigned counsel as class counsel to represent the class. They are also seeking a declaration that the defendants are liable under counts of negligence, private nuisance, and public nuisance. Additionally, the plaintiffs seek compensatory damages, restitution, or refunds for all damages sustained by the plaintiffs and class members as a result of the defendants’ conduct, as well as appropriate preliminary and final injunctive relief against the defendants’ conduct. Attorneys’ fees, expert witness fees, costs, and interest are also sought, along with any other relief that the court may deem just, equitable, or proper.

The chemical spill incident and the ensuing lawsuit have brought to light concerns about the safety and quality of drinking water in Philadelphia and the potential for similar incidents to occur in the future. While city officials have provided updates and assurances that tap water processed by the Baxter Drinking Water Treatment Plant before the spill was safe to drink for a limited amount of time, the incident has underscored the importance of proactive measures to prevent chemical spills and protect public health. As the legal proceedings unfold, the case serves as a stark reminder of the need for stringent safety protocols and regulatory compliance in industries that handle hazardous chemicals.

As of now, the defendants have not yet obtained legal counsel, and the case continues to progress in the Philadelphia County Court of Common Pleas.

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