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SGT represents a putative class of Westminster residents whose private drinking water wells and property were contaminated with PFAS — "forever chemicals" notorious for their environmental persistence and links to serious health risks, including cancer and immune disorders. The case, Ryan v. The Newark Group, Inc., is among the earliest efforts to hold polluters responsible for PFAS contamination, and one of the first to pursue corporate polluters under the federal Racketeer Influenced and Corrupt Organizations Act (RICO). SGT partners Ian W. Sloss and Johnathan Seredynski lead the litigation.

Overview

The contamination came to light in 2022, when a local family troubled by suspected unchecked dumping at the Massachusetts Natural Fertilizer Company ("MassNatural") composting facility tested their well water and found PFAS at levels far exceeding the safety thresholds set by the Massachusetts Department of Environmental Protection (MassDEP). MassDEP's investigation traced the contamination to decades of improper waste disposal at the facility, which accepted waste from sources including paper mills, and found that the private drinking water wells of more than 200 homes contained PFAS at levels harmful to human health. The lawsuit alleges that a network of corporate polluters — including MassNatural, Otter Farm, Inc., Seaman Paper Company, The Newark Group, and 3M Company — conspired to dispose of PFAS-laden waste while avoiding the cost of proper disposal and concealing the extent of the contamination from regulators and the public. Plaintiffs seek damages for negligence, public and private nuisance, property value depreciation, and remediation costs, as well as compensation for future medical monitoring.

Class Definition

The putative class consists of Westminster, Massachusetts residents whose drinking water and property were contaminated with PFAS as a result of the defendants' waste disposal activities.

Case Updates

On September 1, 2023, U.S. Magistrate Judge David H. Hennessy recommended that the RICO and other claims proceed against the companies that dumped contaminated waste at the composting facility, as well as against 3M, the manufacturer of the chemicals.

In December 2023, U.S. District Judge Margaret Guzman ruled that the RICO claims could proceed to discovery against key defendants, including MassNatural, Otter Farm, and Seaman Paper, and upheld additional claims against 3M and The Newark Group. The decision is believed to be the first time RICO claims have been permitted in an environmental contamination case — opening the door to treble (triple) damages.

The case has sparked widespread interest in both the media and legal circles. In July 2022, The Boston Globe broke the story with its investigative piece When Organic is Toxic, uncovering the negligent practices at the composting facility and their devastating consequences. Following the December 2023 ruling, Pillsbury Shaw’s PFAS Observer published Breaking Ground(water): RICO Ruling Reshapes PFAS Litigation, analyzing the historic implications of the court’s decision. Most recently, in September 2024, The Boston Globe published 'PFAS is Everywhere': A Mass. Class Action Lawsuit May Set a New Standard for Damages, highlighting the innovative use of the RICO statute to hold corporations accountable and its potential impact on environmental litigation nationwide.

Case Information

Ryan et al. v. The Newark Group, et al., No. 4:22-cv-40089 (D. Mass.), is pending before U.S. District Judge Margaret Guzman in the U.S. District Court for the District of Massachusetts. SGT partners Ian W. Sloss and Johnathan Seredynski lead the case, with associate Krystyna D. Gancoss.

 

Case Contacts

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Ian W. Sloss

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