‘Contaminated’ Land Near Shuttered Sherwin-Williams’ Gibbsboro (NJ) Facility Sparks Class Action

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A 56-page proposed class action lawsuit filed by 14 New Jersey residents—a group that includes two sets of parents who filed on behalf of their minor children—alleges the unchecked operational processes of a Gibbsboro paint and varnish manufacturing plant run by Sherwin-Williams from roughly early 1903 until early September 1978 are to blame for contaminated groundwater that caused proposed class members to be stricken with kidney disease, various types of cancer, learning disabilities and other adverse physical conditions. Moreover, the complaint alleges Sherwin-Williams knew for many years, “much earlier than 1978 when the company vacated the Gibbsboro site,” that the areas surrounding the plant were highly contaminated, yet did not disclose this information to anyone, much less residents and developers who would build retail, residential and corporate real estate on the land years later.

For some time, Sherwin-Williams reportedly disposed of waste products on “three distinct areas of land” in Gibbsboro, the case says. Since the end of the plant’s operations in 1978, the case continues, all three areas have been included on the National Priorities List (NPL) by the Environmental Protection Agency (EPA).

The lawsuit describes the three specific land areas within Gibbsboro’s 2.2 miles:

-Hilliard’s Creek, made up of 60 acres the case describes as a “third-order” stream that flows west and joins with another river about a mile from Sherwin-Williams’ former facility before draining into Kirkwood Lake, with the bodies of water connected through an underground culvert beneath the plant.
-“The Burn Site,” an eight-acre area the case says Sherwin-Williams used for “wastewater sludge storage and the disposal and burning of paint-by-product wastes.”
-“The Dump Site,” 2.9 acres of now-vacant property.

 The lawsuit claims the 2.2-mile tract of land that makes up the Borough of Gibbsboro “may be entirely contaminated with hazardous substances” detailed in official EPA literature, including dangerous levels of barium, lead, arsenic and phenol found during 1975 groundwater testing. Expanding on this allegation, the lawsuit says Sherwin-Williams’ manufacture, storage and disposal of paint and paint by-products released toxic chemicals into the ground, air, and overall environment surrounding the Gibbsboro plant. Over time, the case claims, these hazardous materials have migrated into surrounding corporate and residential areas. 

Perhaps the most damning part of the lawsuit concerns claims that Sherwin-Williams not only intentionally failed to disclose the true breadth of the alleged widespread contamination in Gibbsboro, but that the company made only a half-hearted, “superficial” attempt to address the mess as ordered by New Jersey’s Department of Environmental Protection. 

Normally, I would not prompt you, dear reader, to subject yourself to thumbing through a class action complaint. After all, it's our job to do that for you and provide details as to what allegations lie within. This one, I feel, is different, considering the nature and severity of the allegations against Sherwin-Williams. The full complaint can be read below and is worth your time.