A New Jersey environmental group wants federal authorities to release the ratings assigned to toxic sites based on how much of a risk they pose to nearby residents, according to a lawsuit
A chromium cleanup site on Garfield Avenue in Jersey City, shown in this 2010 file photo.TRENTON — A New Jersey environmental group wants federal authorities to release the ratings assigned to toxic sites based on the risk they pose, according to a lawsuit filed today in U.S. District Court in Washington.
The suit, brought by Public Employees for Environmental Responsibility, asks a judge to compel the U.S. Environmental Protection Agency to release the rating assigned to the former DuPont munitions factory in Pompton Lakes, as well as ratings for about 70 other highly contaminated sites in the state.
"By failing to disclose these hazardous ratings, EPA keeps the public in the dark about risks in their communities and frustrates their efforts to hold polluters and government accountable," said Bill Wolfe, state director for the group.
Mary Mears, a spokeswoman for the regional EPA office, said the agency will review the lawsuit, but is committed to "transparency and keeping communities informed."
A representative of the U.S. Department of Justice did not return a call seeking comment on the suit.
The EPA assigns the ratings to determine which sites need the most urgent attention. The agency bases the scores on such factors as the risk pollution poses to residents. Sites with the highest scores are recommended as "Superfund" sites, a designation that opens up a large pot of federal money for cleanup.
Wolfe said his group requested the ratings for the New Jersey sites in July under the federal Freedom of Information Act. But he said he was told by the agency that based on a 1991 memo, the ratings are considered "pre-decisional" policy recommendations and as such are exempt from the open records law.
Without the ratings, Wolfe said, New Jersey residents have no idea if there are other hazardous properties that should be listed.
"The Obama administration said it was going to be transparent," he said. "Here is an opportunity to reverse a 20-year secrecy policy so that communities can see what EPA knows about toxic conditions in our own backyards."
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