Previously: Residents demand answers over 29th and Grove contamination site
13 October 2023
WICHITA, Kan. (KSNW) — A class-action lawsuit has been filed against Union Pacific in connection to the 29th and Grove environmental site.
The lawsuit alleges negligence on the part of Union Pacific, stating the company “owed a duty of care to Plaintiffs and Class Members to exercise reasonable care in the disposal, storage, and remediation of site contaminants particularly in proximity to Plaintiffs’ and Class Members’ residential property.”
The lawsuit claims class members have suffered damages as a result of the presence of contaminants at their properties due to the ongoing release, leaking, leaching and migration of the contamination. They are suing because they suffered “endangerment to their health, damage to their property and personal finances and destruction of their community,” according to the filing.
The plaintiffs claim in the lawsuit that no one notified them of the presence of the contaminants in their properties.
Union Pacific released the following statement after the suit was filed:
Union Pacific has worked closely and publicly with the Kansas Department of Health and Environment on the cleanup and remediation of the 29th and Grove Environmental Site since it was first identified in 1998. We have complied with all state and federal regulations and, throughout the process, prioritized the health of the community.
Union Pacific
In May, the Kansas Department of Health and Environment released a study showing higher liver cancer rates in the 2,500 addresses in the area outlined in red, near the 29th and Grove environmental site.
Geologists say the primary contaminant is a volatile organic compound called trichloroethylene (TCE).
The KDHE said the contamination in the area originated with a leak of chemicals at the Union Pacific rail yard. The lawsuit claims the railroad “mishandled and thereby released hazardous and toxic substances at the site” as early as the 1970s.
The KDHE said the contamination was first noticed in 1994, and in 1998, Union Pacific was identified as the source of the contamination, prompting an investigation and remediation efforts.
The lawsuit claims despite knowledge of the contamination. The public was not informed of the contamination until last year when the KDHE hosted a public meeting.
To read the 28-page lawsuit, click here.