Three New Jersey governmental agencies/officials filed suit against the Ford Motor Company (Ford) in the Superior Court of New Jersey-Bergen County on Thursday claiming that Ford is liable under New Jersey environmental statues and common law for pollution at its 500-acre site known as Ringwood Mines that Ford used to dump waste from its Mahwah, New Jersey, assembly plant from 1967 to 1974.
The three plaintiffs are: New Jersey Department of Environmental Protection (DEP); The Commissioner of the New Jersey Department of Environmental Protection; and The Administrator of the New Jersey Spill Compensation Fund (Administrator). As noted in the complaint, Ford Motor Company is sued “individually and as successor” to other Ford-related entities, all defined as “Ford.”
According to the complaint, the Ringwood Mines site is “encompassed by the historic homeland of the Ramapough Lenape Nation (the ‘Tribe’) Turtle Clan, a Native American tribe recognized by the State of New Jersey.” The plaintiffs state that many of the approximately 200 residents living within the Ringwood Mines are members of the Tribe. The plaintiffs note that the “cultural and spiritual traditions of the Ramampough Lenape Nation are inextricably interconnected with the land” and members of the Tribe rely on the land for food and medicine.
As a result of the purported pollution, harmful substances like arsenic and polychlorinated biphenyls (PCBs) were found at the site affecting the environment including the “groundwater and surface water, sediments, wetlands, soils, air, and biota.”
The plaintiffs allege a long history of state and federal regulatory action and remediation efforts relating to the site. In particular, the plaintiffs note that the site was placed on the CERCLA “National Priorities List” in 1983, but removed in 1994 “based on Ford’s representation that Ringwood Mines had been adequately remediated.” Notwithstanding that, the plaintiffs further allege…
