Holley residents file new law suit

In their continuing quest for justice from Diaz Chemical, residents in the Village of Holley have filed another law suit. Holley residents filed the suit on January 4 in the United States District Court for the Western District of New York against Novartis AG, a Swiss pharmaceutical firm, and related companies.

The suit holds Novartis liable for environmental contamination in Holley due to its role in the release of 2-chloro-6-fluorophenol, toluene, and other chemicals three years earlier on January 5, 2002 from the former Diaz Chemical Corp. facility in Holley. Diaz was participating in a program to manufacture 2-chloro-6-fluorophenol for Novartis, so Novartis could use it to manufacture a new drug, when the 2-chloro-6-fluorophenol and other chemicals exploded through a rupture disk, and contaminated the Holley area.

No dollar figure was released but the suit against Novartis seeks compensatory and punitive damages; seeks an injunction ordering the company to clean up the site; attorney's fees; funds be set aside for long term monitoring of property, soil and air quality as well as funds for plaintiffs' health care.

The spill in 2002 forced many families from their homes and many have still not returned. Eight of the displaced families have been living in quarters provided by the U.S. Environmental Protection Agency. The EPA is also negotiating to purchase the contaminated homes from the residents.

Despite testing, health officials have still not determined the long term health effects, if any, from exposure to the 2-chloro-6-fluorophenol.

More than 150 residents are involved in the suit which was filed by Rochester environmental attorney Alan Knauf. According to Knauf, "Novartis advised Diaz that 2-chloro-6-fluorophenol was 'dangerous for the environment,' and that Diaz should 'avoid release to the environment.' However, Novartis engaged Diaz to manufacture the chemical, even though it should have known that Diaz had taken inadequate precautions to avoid environmental problems, and used rupture disks actually designed to release pollution into the highly populated village that surrounded the Diaz plant, without secondary containment to catch what was released. Because of this gross negligence, Novartis must be held liable for the contamination of our clients' properties and their personal injuries."

Dr. Andrew Saul, a resident of the village who has been very vocal on the Diaz issues, said that Diaz Chemical and Novartis operated with "reckless disregard" for the safety of the people of Holley.

"They made a chemical mess of our village. Now they have been caught, and they are going to be put in front of a jury," Saul said. "This lawsuit is sending the unmistakable message that it is not okay to pollute our homes and our children and then try to walk away."

Diaz was advised by the EPA in April 2003 to upgrade its equipment and chemical handling procedures or stop their manufacturing operations. Following that order, the company filed bankruptcy.

The Diaz site is now listed on the EPA National Priorities List of the most contaminated sites in the country.