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Hill v. Norlite LLC

Exposure Suit Over 'Fugitive Dust' From Waste-Fueled Kiln Making Aggregate Not Dismissed

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MEMORANDUM DECISION AND ORDER I. INTRODUCTION Plaintiffs Debra Hill, Brittany McNair, David Olivencia, Audreyanna Gallardo, Jennifer Malinkowski, Chelsea Sturtevant, Ed Sokol, Christopher Sevinsky, and Margaret Franklin bring this proposed class action against Defendants Norlite, LLC, Tradebe Environmental Services, LLC, and Tradebe Treatment and Recycling Northeast, LLC seeking monetary and injunctive relief for harms allegedly resulting from “fugitive dust emissions” caused by Defendants’ operation of an aggregate materials production facility. (Dkt. No. 32). Plaintiffs assert claims in this diversity action for negligence, private nuisance, trespass, and strict liability on behalf of themselves and four proposed classes, as set forth in greater detail below. (See id.

84-148). Presently before the Court is Defendants’ partial motion to dismiss pursuant to Federal Rule of Civil Procedure 12(b)(6) for failure to state a claim upon which relief can be granted. (Dkt. No. 33). Plaintiffs opposed Defendants’ motion, and Defendants replied. (Dkt. Nos. 34, 35). For the following reasons, Defendants’ motion is denied. II. BACKGROUND1 A. The Norlite Facility Defendants own and operate an “aggregate production and hazardous waste incineration facility” (the “Norlite facility”) on an approximately 221-acre site in Albany County, New York. (Dkt. No. 32,

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