Will Brockport make its case against former industries?
Will Brockport make its case against former industries?

While residents of Oxford and Lyman Streets in the village of Brockport have battled for years to get their complaints about pollution by former industries acknowledged and remedied, a Sunday morning visit by Environmental Attorney Ed Masry raised the cry loud enough to be heard across the state.

Masry is the employer of the real-life Erin Brockovich, whose namesake movie depicted a suit against Pacific Gas and Electric by the residents of a community the utility had polluted. Masry’s firm reached a $300 million settlement with PG&E on behalf of the residents.

In Brockport, Masry took a quick tour of the Oxford Street neighborhood, before meeting with a couple hundred residents and media representatives at SUNY Brockport’s Seymour Union.

Since the release of "Erin Brockovich," Masry’s firm has received 1,800 requests from communities wanting Masry to investigate possible environmental problems, he told the audience. The firm has taken on three cases – one in California, one in West Virginia and one in New Hampshire. "Brockport and Auburn, New York are the fourth and fifth cases," Masry said.

For the next few weeks, staff from Masry’s California office, including Erin Brockovich, will be in Brockport to conduct environmental sampling and testing, and to review all records pertaining to the site which is being monitored by the New York State Department of Environmental Conservation. Once all the data has been collected and analyzed, Masry will determine whether to file suit against the former industries located on the site. The list could include General Electric, Dynacolor, 3M, and Black and Decker. Masry said his firm never sues local governments. "We’ve never found a government entity responsible for the damage," he said, "although we have found government entities that have been lax and unresponsive to problems."

Masry said that his firm is not afraid to go up against major corporations, but warned residents, "If this case goes into litigation, it will not be a picnic." Masry expects any corporation named in the law suit to fight hard and to drag the battle out as long as possible.

"We’re not a charitable organization," Masry told residents. "We wouldn’t be here if we didn’t have a reasonable belief that something happened here and that we could prove it."

Asked what his goal is, what he would consider success in the Brockport case, Masry replied bluntly, "Money."

Masry’s firm and Faraci and Lange, the Rochester firm selected to be co-counsel, will bear the costs of the investigation. In one instance, Masry said his firm spent $10 million to bring one case to trial.

Masry came to Brockport through the efforts of REACH (Residents Environmentally Active for Change). The citizens’ group has a website at: http://home.rochester.rr.com/reach4brockport

Unlike Masry’s media event, when Erin Brockovich is in town, there will be no public appearances. It may be a few months before the firm announces whether it will pursue the case. Residents were asked to fill out questionnaires following the 90-minute meeting, to begin the process of information collection.

"If you don’t help us, we will not be able to represent you," Masry said. "I cannot say for sure whether we can trace physical injuries that are happening to the action by these corporations. But we believe that we can."