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A long-pending contamination lawsuit in Niagara Falls’ Love Canal neighborhood has set a court date for May of 2022. In the 1970's, the Love Canal was the location of a toxic landfill that caused health and property damage. In the early 1980s it became one of the first “Superfund” sites under CERCLA. In 2011, a sewer repair crew discovered waste in the area claiming that a containment structure built in the 1980s to store waste was leaking.
On Saturday, March 19th, a federal appeals court in New York announced they will hear arguments on whether 19 pending lawsuits involving 600 people should be heard in state or federal court. Currently, the lawsuit is set to be heard in the same location it was filed in, state court. The defendant believes that the lawsuit should be heard in federal court because the containment structure for the toxic waste was built with federal superfunds. The case is scheduled to come before the U.S. Second Circuit Court of Appeals on May 5 in Manhattan.