Objections filed in ArcelorMittal class action settlement
Several objections to a class action settlement with a Monessen coke plant have been filed, while others have opted out of the suit entirely.
Philip Mandarino of Donner Avenue in Monessen objected because the suit provides equal amounts to all class members, whether they live next to the ArcelorMittal Monessen LLC or a mile and a half away.
“I myself have thousands of dollars worth of damages to my home and health,” Mandarino wrote in his objection.
Under the terms of the settlement, ArcelorMittal is to pay $452,000 in a cash settlement to participating residents living within a mile and half radius of the plant. That amount includes approximately $252,000 in legal fees and costs. The settlement also calls for the company to make another $450,000 worth of improvements at the plant to reduce future pollution. The proposed settlement does not preclude future suits if the pollution reduction measures don’t remedy the problem.
John O. Micenko Sr. of Rostraver Street, Monessen, filed just three sentences in objection.
“We object to the proposed attorney fee and cost of $252,000. We believe this is an excessive amount. Your consideration of this objection is requested,” Micenko wrote.
Scott Mackey of Walch Avenue in Monongahela was more detailed in his objections, calling the settlement pennies on the dollar for the damages he and his neighbors have suffered.
“In my opinion, this settlement isn’t even a slap on the wrist to a company that is making billions of dollars and has no compassion for those of us they hurt,” Mackey wrote.
Mackey also included a letter of complaint he had filed with the state Department of Environmental Protection in the matter, detailing issues such as the need to scrub his house and clean his swimming pool more often than should be required because of the soot coming from the coke plant. He also complained of foul smells and his grandchild’s asthma attacks, which he blamed on the coke plant.
In addition to the three objections, eight people opted out of the suit for a variety of reasons. One is an employee of the company; another is a minister whose home is owned by his church so he does not fit into the class of property owners. The Mon Valley Alliance, an economic development organization, also opted out, saying the company is investing in the community. The others did not list specific reasons.
All have the option of filing their own suits in the future.
The suit had been filed by the residents in June 2015, saying the operation of the plant produced noxious odors and particulates that prevented their enjoyment of their property. The tentative settlement was reached in March.
A settlement hearing has been set for Nov. 14 in federal court in Pittsburgh before Judge Arthur J. Schwab.