MELVILLE, N.Y.--(BUSINESS WIRE)--Napoli Shkolnik and the Town of Wappinger (NY) have filed a sweeping class-action lawsuit against AT&T, Verizon and several major telecommunications companies, alleging that their decades-long negligence in handling toxic, lead-sheathed cables has caused widespread health risks across the state of New York.
According to the lawsuit, these lead-covered cables, many of which were installed as part of America’s telephone infrastructure as far back as the 1960s, have been left to deteriorate in place after being rendered obsolete.
Lead, a hazardous substance listed by New York State as highly toxic to humans and animals, can cause irreversible damage to the central nervous system, kidneys, and reproductive systems, and can lead to cancer.
The suit alleges that the companies failed to properly assess, remove, or dispose of these hazardous materials, despite knowing for years that lead was leaching into the surrounding environment—posing significant risks to public health. The plaintiffs assert that the defendants prioritized profit over safety, knowingly exposing residents, workers, and communities to toxic levels of lead contamination.
"Protecting our residents is our top priority. These abandoned lead-sheathed copper cables pose a risk to our families and youth, so joining this litigation is not only a crucial step in safeguarding our community but also a significant step towards holding these corporations responsible for the damages caused throughout New York state,” says Joseph D. Cavaccini, Town Supervisor for the Town of Wappinger.
Despite having long been aware of the risks, the telecom companies made no meaningful effort to mitigate the lead’s impact on the environment or protect the public or follow prudent decommissioning practices. Recent investigative reporting and independent testing have revealed widespread lead contamination near many of these cables, including in areas close to schools and playgrounds. According to the plaintiffs, this contamination has continued unabated for decades, with no significant action taken by the defendants to address it.
“This legal battle puts a spotlight on the hidden dangers lurking beneath New York’s streets and in its soil - dangers that may have been avoidable had profit not been placed above public health,” states Napoli Shkolnik Partner Paul J. Napoli. “As the case unfolds, the outcome could set a significant precedent for corporate environmental accountability.”
Under New York common law, a public nuisance claim exists for conduct that amounts to a substantial interference with the exercise of a common right of the public, thereby offending public morals, interfering with use by the public of a public place, or endangering or injuring the property, health, safety, or comfort of a considerable number of persons. The lawsuit alleges that the defendants’ conduct amounts to precisely this, as the deterioration of these cables has resulted in significant lead pollution in both urban and rural areas. Among the dangers cited in the case are the contamination of soil and water, especially in areas where children play and people work. The burden placed on local governments has been substantial, as these public institutions have been forced to spend large sums to address lead-related health problems among residents, allocate resources to provide health care, public assistance, and services for affected residents, placing additional strain on already overburdened public systems.
Plaintiffs are seeking extensive legal remedies, including compensatory and punitive damages, the removal of lead cables, medical monitoring for those at risk of lead poisoning, and funds for ongoing public health surveillance. They also call for the implementation of environmentally responsible policies to prevent future exposure to lead.
About Napoli Shkolnik
Powerhouse national law firm Napoli Shkolnik firm provides representation in complex environmental litigation, including cases involving hazardous substances and their adverse impact on communities.
With a dedicated team of attorneys and a proven track record of success, Napoli Shkolnik provides exceptional legal representation and fights for justice on behalf of those affected by environmental wrongdoing.
