On Monday, two Nassau County, New York water districts filed separate actions in Eastern District of New York seeking recovery of response costs and related relief pertaining to alleged groundwater contamination from sites allegedly long used by the Navy and/or defense giant Northrup Grumman. The plaintiff water districts are the South Farmingdale Water District (SFWD) and the Bethpage Water District (BWD). The defendants in the SFWD action are the United States of America and the Department of the Navy. The BFD sued not only those two entities but also Northrup Grumman Systems Corporation and Northrup Grumman Corporation.
On the same day the plaintiffs filed their actions, both SFWD and BWD filed Consent Judgments with the respective defendants in each case. Pursuant to the Consent Judgments, the United States is to pay SFWD $15.5 million “as soon as reasonably practicable” after the court enters the judgment. The United States is also to pay BWD $20 million “as soon as reasonably practicable” after the court enters the judgment in that case. In addition, Northrup Grumman is to pay $29 million, which is contingent upon the entry of a “Consent Decree” between Northrup Grumman and New York state. The payments are spread over time, with the final payment in January 2024. Both current Consent Judgments reference prior Consent Judgments among the parties dealing with related problems.
The BWD alleged that it is “municipal corporation … that provides potable water to customers located within its district.” It identified two “Sites” for which it sought “response costs incurred and to be incurred in connection with the disposal and release of hazardous substance(s).” The Sites are “the former Naval Weapons Industrial Reserve Plant and the former Northrup Grumman Bethpage Facility, located on approximately 605 acres in Bethpage, New York.” The BWD alleged four causes of action: CERCLA (the Comprehensive Environmental Response, Compensation and Liability Act); RCRA (the Resource Conservation and Recovery Act (against Northrup Grumman only); Negligence (against Northrup Grumman only; and Declaratory Judgment.
The SFWD also alleged that it is a “municipal corporation that … provides potable water to customers located within its district.” It identified one “Site” for which it sought costs, including prospective response costs: “the Naval Weapons Industrial Reserve Plant, located on approximately 105 acres in Bethpage, New York…,” which is alleged to be “contiguous to approximately 605 acres of property also located in Bethpage, New York that is owned, or formerly owned, by Northrup Grumman…” The complaint contained only one cause of action for relief under CERCLA.
Counsel for both the SFWD and the BWD is Sher Edling, LLP.
