Precision Castparts air pollution settlement could average $3,500 per household in parts of Southeast Portland - oregonlive.com

2022-05-29 02:11:25 By : Mr. Harvey Zhong

Precision Castparts' Large Parts Campus in Southeast Portland.Mark Graves/The Oregonian

Precision Castparts Corp. has agreed to pay $22.5 million to settle a class-action lawsuit that alleged its metal casting facility in Southeast Portland has polluted nearby homes with toxic metals.

The settlement includes millions of dollars Precision Castparts already spent to improve emission controls at its Large Parts Campus on Southeast Harney Drive, plus $12.5 million in payments to people living in the area and their lawyers.

Matthew Preusch, an attorney representing neighbors, said it’s the largest environmental class-action settlement in Oregon history. He estimates payments could average around $3,500 per household for people who were living in the area in February 2016, the timeframe specified in the litigation.

“This case has had a significant role in both correcting emissions problems and then, hopefully, deterring other polluters in thinking they can do this and get away with it,” Preusch said.

Plaintiffs and neighbors reached a settlement last summer. Multnomah County Circuit Court Judge Tom Ryan gave preliminary approval in February. Attorneys expect checks will begin going out sometime this summer.

“The settlement allows PCC Structurals (the business unit named in the suit) to resolve costly, long-term litigation,” Precision Castparts said in a written statement. “As always, we will remain in compliance with our air regulatory permits and will continue to invest in strong emission control technology as part of our commitment to the environment and our community.”

People eligible for the settlement live in areas where scientists found pollution in 2016. That area is roughly concentrated around Portland’s Brentwood-Darlington neighborhood, but it does not include the entire neighborhood and extends somewhat farther to the south and to the west.

The boundaries of homes covered by the Precision Castparts settlement.Resendez, et al. v. Precision Castparts Corp. and PCC Structurals, Inc.

The original lawsuit, brought by residents Brian and Alina Resendez in May 2016, cited reporting in The Oregonian/OregonLive about elevated levels of nickel in moss near Precision Castparts’ facility. The suit alleges that toxins found by U.S. Forest Service researchers and state environmental regulators in tree moss nearby indicated that residents had been exposed to potentially harmful contaminants.

Precision Castparts was Oregon’s second most valuable company before its $37 billion sale to Berkshire Hathaway, Warren Buffett’s investment firm, in 2016. The company makes large metal components for airplanes, electrical generators and other industrial products.

The pollution settlement requires Precision Castparts to spend $7.7 million on emission controls and another $2 million on pollution controls. The company had already spent the $7.7 million in 2017 and 2018, and that work is credited toward the settlement.

“It’s a really big deal, I think, to hold that particular company accountable,” said Mary Peveto, executive director of Neighbors for Clean Air. Her organization has scrutinized Precision Castparts’ atmospheric emissions but was not involved in this litigation.

In addition to compensating neighbors, Peveto said the emissions controls and monitoring required by the settlement will help ensure that the changes are durable. Noting a recent agreement to control emissions at the Owens-Brockway glass recycling plant in Northeast Portland, Peveto said she is heartened by a renewed emphasis on keeping Oregon’s air clean.

“It’s a really great signal to companies that it’s going to cost them to pollute,” Peveto said.

Attorneys will seek as much as one-third of a $12.5 million settlement fund from the Precision Castparts litigation, up to $4.2 million. The rest will be divided among residents living in the affected area. The plaintiffs who brought the original suit will receive $7,500 apiece, more than double what ordinary households will receive. That’s typical in class-action cases.

The amount each receives will depend on how many people file claims, the number of people in a household, and whether they live in single-family homes or apartments.

Case administrators will notify people they believe they are eligible, but residents and former residents can also check their eligibility online and view details of the case at structuralssettlement.com.

People seeking a payment must file a claim form, also available online, by April 9. Those who want to exclude themselves from the settlement or object to its terms also must do so by April 9.

-- Mike Rogoway | mrogoway@oregonian.com | Twitter: @rogoway |

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