A Kansas federal court has granted class action status to a group of Wichita residents alleging that Union Pacific Corp. historically released hazardous waste from a rail yard site that contaminated the soil and groundwater of thousands of surrounding properties, according to attorneys at The Lanier Law Firm.
Testing shows the contaminants include chlorinated solvents and other chemicals with known links to cancer that have migrated from the property at 29th Street and North Grove Street for almost three miles throughout historically Black neighborhoods in northeast Wichita.
In 2023, the Kansas Department of Health and Environment (KDHE) entered a corrective action decision against Union Pacific that specified a 10-year process of cleanup and remediation for the site.
“For decades Union Pacific failed to inform the state or nearby residents of this massive toxic discharge, leaving thousands of people to pay the price for years of neglect, cover-ups and corporate disregard for basic health and safety,” says Mark Lanier of the Lanier Law Firm, part of the legal team bringing the claims against Union Pacific. “Rather than do the right thing, Union Pacific simply didn’t care.”
The primary contaminant released into the surrounding neighborhoods appears to be trichloroethylene or TCE, a solvent commonly used for metal degreasing. According to the KDHE, TCE is a colorless, carcinogenic liquid with added potential human health hazards to the central nervous system, kidneys, liver, immune system, male reproductive system and developing embryos. Among the damages requested by the class is compensation to cover the cost of installing home vapor intrusion mitigation systems.
“This certification is an important step forward for the Wichita families living with and suffering the effects of this contamination,” says the Lanier Law Firm’s Ryan Ellis. “The court’s decision allows these homeowners to pursue justice as one class, and we’re honored to stand with them as we press their case against Union Pacific.”
In addition to the Lanier Law Firm, counsel for the class includes William R. Griffin of Martin, Pringle, Oliver, Wallace & Bauer LLP; Christopher T. Nidel and Jonathan Nace of Nidel & Nace PLLC; Ari Kresch of Kresch Legal Services PR PLLC; and Steven J. German of German Rubenstein LLP.
The case is Faye Black et al. v. Union Pacific Railroad Company, Case No. 23-1218-EFM-GEB in the United States District Court for the District of Kansas.
About the Lanier Law Firm
The Lanier Law Firm is an award-winning national trial firm specializing in a variety of practice areas, including asbestos exposure, pharmaceutical liability, business litigation and product liability. With talented attorneys in Houston, Fort Worth, New York, and Los Angeles, the firm has won more than $20 billion for clients since its founding in 1990.
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