Lawsuit Claims Chicago Power Plant Demolition Covered Little Village Neighborhood in ‘Toxic Debris’ [UPDATE]

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Residents of Chicago’s Little Village neighborhood have filed a proposed class action lawsuit after the demolition of a smokestack at the former Crawford Coal Power Plant site blanketed the area with potentially toxic dust. The incident, according to the case, is especially egregious given the toxic compounds pose an additional health risk to a community that has been “one of the hardest-hit” by the COVID-19 pandemic.

The lawsuit claims the smokestack demolition on April 11, 2020 was performed with “blatant disregard for the safety of the community” and in violation of regulations that govern the development of industrial sites. According to the case, although the defendants—which include the site’s developer and several contractors and demolition companies—“repeatedly reassured” the community that they had in place plans to safely demolish the site’s power plant, the demolition was an “unmitigated disaster” that rained debris and particulates on Little Village.

The dust that emanated from the West Chicago site likely contained mercury, sulfur dioxide, nitrogen oxides, lead, uranium, thorium, asbestos, total petroleum hydrocarbons, and other “harmful contaminants,” the suit alleges.

The plaintiffs, residents of the largely Mexican and Mexican-American community, claim Little Village has been victim to a “long line of environmental harms,” and argue that the incident at issue “would not have occurred in the white neighborhoods on the north side of Chicago.” According to the case, Little Village Environmental Justice Organization (LVEJO), a community activist group, has fought for years to mitigate the environmental risks faced by those living in Little Village, including by successfully shutting down the Crawford Coal Power Plant in 2012 when the plant was one of only two coal-powered plants still in operation within the boundaries of a major city. The implosion of the plant’s smokestack has sprayed the chemicals that LVEJO “worried about for years” over Little Village’s residents, homes, businesses, and open spaces, the case alleges.

According to the lawsuit, the defendants “cut corners” in the demolition of the Crawford Coal Power Plant site instead of adhering to the rules and regulations governing such. The suit claims the companies failed to put in place measures that would contain the debris and particulates from spreading across Little Village, as well as provide proper notice to residents of the demolition date. The lawsuit argues that the companies instead falsely assured the community that their health would not be at risk and “proceeded with their plainly unsafe demolition and disposal during Easter weekend in the middle of a pandemic.”

The lawsuit alleges that the defendants’ actions have caused “incalculable harm” to Little Village residents’ health and properties. In the “immediate aftermath” of the smokestack demolition, members of the community reported experiencing difficulty breathing, while others feared to go outside or attempt to clean the debris due to concerns that their health could be affected, the case states. According to the complaint, the particulates released into the community could cause various medical issues “ranging from irritation to the eyes, nose and throat to lung irritation, lung tissue inflammation, increased susceptibility to viral and bacterial pathogens, and in some cases death.”

The lawsuit stresses that the “unjustifiable” health risk caused by the defendants’ actions is augmented by the ongoing COVID-19 pandemic, which the suit notes is associated with respiratory symptoms and distress.

“Community members already grappling with the fear of an unprecedented pandemic have been burdened with the uncertainty that their health may now be in even greater danger than before,” the complaint laments.

Alleging abuses ranging from negligence, trespass, and assault and battery to racial discrimination, the lawsuit demands that the defendants provide Little Village residents with masks, high efficiency air filters for their homes, and alternate housing while monitoring and cleaning the affected area.

Named as defendants in the case are Hilco Redevelopment LLC, HRE Crawford LLC, Morgan/Harbour LLC, Heneghan Wrecking & Excavating Co., Controlled Demolitions, Inc., V3 Companies, Ltd., Commercial Liabilities Partners LLC, and Marine Technology Solutions LLC.

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