EAST ST. LOUIS - The U.S. is suing an aluminum manufacturer in East St. Louis after costs were incurred while trying to address elevated levels of toxic materials in the area.
The United States of America filed a federal lawsuit on Dec. 16 in the U.S. District Court for the Southern District of Illinois against Alcoa Corporation and the City of East St. Louis, seeking reimbursement of Response Costs under Section 107(a) of CERCLA 42 U.S.C § 9607, injunctive relief under Section 106(a) of CERCLA. 42 U.S.C. § 9606 and declaratory judgment under Section 113(g) of CERCLA 42 U.S.C § 9613.
According to the lawsuit, the U.S. is seeking recovery of unreimbursed costs for activities in response to the release or threatened release of hazardous substances at the second operable unit located at the North Alcoa Site in East St. Louis. The site occupies approximately 400 acres. From 1903 until 1957, Alcoa conducted aluminum manufacturing and production operations on some of that acreage. The Illinois EPA conducted studies in 1996 and 1997 within OU 2 in an effort to assess the property for redevelopment, finding elevated levels of lead, arsenic, cadmium, and cyanide. On June 26, 2020, the EPA approved remediation action to be implemented. As a result of its response to the problem, the U.S. has incurred costs.
The U.S. seeks an order demanding the defendant to perform remedial actions, judgment in favor of the U.S. and holding Alcoa liable for unreimbursed costs, a declaratory judgment of joint and several liability, costs and fees of suit and any other award deemed appropriate by the court.
The U.S. is represented by Todd Kim, assistant attorney general in the Environmental and Natural Resources Division.
U.S. District Court for the Southern District of Illinois case number 3:21-cv-01694-SMY