By Andrew Hazzard | Sahan Journal

Excessive pollution from a metal foundry on St. Paul’s East Side violated the property rights and wellbeing of neighbors, alleges a lawsuit filed this week. 

Brittney Bruce, an East Side resident, filed a class action lawsuit against Northern Iron and Machine, accusing the foundry of failing to adhere to pollution standards. The class action nature of the suit means Bruce is inviting all residents and property owners within a half-mile of the foundry to join the litigation, allowing several people to address shared issues in one legal filing. 

“Like a lot of residents, she was frustrated with the lack of accountability for the facility,” said Joe Heegaard, Bruce’s attorney.

Northern Iron, located in the Payne-Phalen neighborhood, is currently involved in a lengthy legal fight with the Minnesota Pollution Control (MPCA). The state says Northern Iron’s own pollution estimates show it can’t operate at full capacity without violating national air quality standards. Northern Iron contends the MPCA violated an agreement with the company by ordering it to reduce hours in April 2024. 

The foundry is owned by the Wisconsin-based Lawtown Standard Company. The company declined to comment on the lawsuit Wednesday, citing pending litigation. 

For residents near the foundry like Bruce, the pollution is causing real harm, the lawsuit alleges. Bruce constantly has to clean dust and fine black particles inside and outside of her home, which is located directly across the street from Northern Iron. She doesn’t let her three kids play outside, and bought air purifiers for every room in her house. 

Bruce owns a duplex, and rented the upper unit to a tenant who moved out due to concerns about the pollution. The lawsuit says the foundry has damaged Bruce’s property’s value and prevented her from earning rental income. 

The lawsuit seeks relief for negligence, nuisance and trespassing against the company, but did not cite a specific monetary amount in damages. Residents have a right to enjoy property they own or rent, Heegaard said, and they believe the foundry is violating those rights. 

The MPCA collected samples of the soot deposited on neighboring properties, and found it contained heavy metals including lead and cobalt, which matches testing done inside the foundry, according to court filings in the case between Northern Iron and the MPCA. 

“We believe that’s inherently a trespass or a nuisance,” Heegaard said.  

Northern Iron’s history of permit violations and excessive pollution means the rights of neighbors have been violated for years, the lawsuit contends. The complaint cites a letter Northern Iron submitted to the MPCA in 2012 stating the foundry was likely exceeding national air quality standards. It accuses Northern Iron of knowing about violations for years without making good faith efforts to improve conditions.

“We believe these are real, severe harms, and I think people are right to be frustrated,” Heegaard said. 

The class-action suit was filed Monday. The legal team intends to spread the word to neighbors through press releases, mailers and word-of-mouth, Heegaard said. The company has 21 days to respond to the suit; there are currently no hearings set in the case. 

The state fined the foundry $41,500 in 2023 for a series of violations of its state permit related to its failures in disclosing changes to pollution control equipment. The state ordered Northern Iron in April 2024 to reduce operations after new pollution estimates showed the facility was likely emitting excessive amounts of smog and lead.

Northern Iron sued the state in response, and won a temporary injunction allowing it to largely resume operations while the foundry installs additional pollution control measures. The injunction will also give the sides time to negotiate a new state permit, a process that has been delayed due to Northern Iron missing submission deadlines, according to court filings. Ramsey County District Court Judge Leonardo Castro ordered the pause last month.

Use the audio player above to listen to a conversation with Sahan Journal reporter Andrew Hazzard on Minnesota Now with Nina Moini.

Collected from Minnesota Public Radio News. View original source here.