Saturday, January 15, 2000
2nd suit remains vs. steel company
U.S. government could get involved
BY JANE PRENDERGAST
The Cincinnati Enquirer
COVINGTON — Lawyers say they'll continue to pursue a family's claims that Gallatin Steel pollutes the area. The federal government also may get involved.
A federal judge Friday dismissed part of one of the actions filed by Vernon, Richard and Tom Ellis. But attorneys for the family aren't concerned about Judge William O. Bertelsman's decision — they say their second remaining suit still allows them to take on the company.
“Nothing has changed,” attorney Jeff Sanders said. “We'll continue to go forward.”
The family's lawyers, anticipating that Gallatin Steel's representatives might say they weren't properly notified of a July suit, already had filed a second one. It alleges similar violations, including that heavy, gray dust from the company's operations causes health problems.
They also claim Gallatin Steel does not have proper environmental permits.
Company representatives denied all the allegations. Lawyers said Friday they expect to file additional motions asking Judge Bertelsman for more dismissals.
The family is not asking for damages. They want Gallatin Steel to clean up its act, acknowledge wrongdoing and pay environmental penalties.
The company employs about 350 people and manufactures flat-rolled steel from scrap metal.
Four generations of Ellises live on 167 acres along U.S. 42. They are within a mile of Gallatin Steel Co. and Harsco Corp. The second company processes the steel company's molten slag, which contains impurities from the steel-making process. Both companies are defendants.
The federal government has filed its own lawsuit against Gallatin Steel, alleging the company exceeded permits for carbon monoxide and nitrogen oxides between April 1995 and August 1997. Gallatin Steel has offered to settle by paying $450,000 in fines and more than $1 million in improvements.
But the government asked for more time to investigate the Ellises' claims before the court agrees to the settlement deal.
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