A class action lawsuit has been filed against a Delaware-based company for allegedly allowing harmful dust emissions to invade residential properties near its alumina refinery in Louisiana. On September 25, 2024, Vina Bosley and Shawn Cook Sr., on behalf of themselves and others similarly affected, filed the complaint in the 23rd Judicial District Court for the Parish of St. James, accusing Atalco Gramercy LLC of negligence and nuisance.
The plaintiffs allege that Atalco Gramercy LLC's alumina refinery, located at 1111 E Airline Hwy in Gramercy, has been emitting substantial amounts of dust and air particulates into the surrounding area. This facility processes bauxite ore from Jamaica using the Bayer process to produce alumina, which involves steps that generate significant quantities of red and white dust. The plaintiffs claim that this fugitive dust has invaded their properties, causing damage and interfering with their ability to enjoy their homes. "My home has to be constantly aired out due to frequent dust build-up," said plaintiff Vina Bosley. Similarly, Shawn Cook Sr. reported that the dust blankets his property, forcing him to wash vehicles frequently and keep windows closed.
The lawsuit outlines several alleged failures by Atalco Gramercy LLC to control these emissions adequately. These include inadequate systems for handling raw materials, insufficient employee training on safe procedures, failure to monitor equipment properly, and lack of effective fugitive dust prevention plans. Furthermore, past inspections by environmental authorities have documented visible dust emissions from the facility and noted deficiencies in maintaining emission control equipment.
Plaintiffs are seeking class certification under Louisiana law (La C.C.P. art. 591 et seq.) for all residents within two miles of the facility who have been affected since September 25, 2023. They argue that this case is suitable for class action status due to common legal questions about Atalco Gramercy's duty to prevent such emissions and the impact on property values within the affected area.
The plaintiffs are requesting compensatory damages for property damage caused by the fugitive dust as well as orders declaring that Atalco Gramercy's actions constitute a nuisance and trespass under Louisiana law. They also seek an injunction requiring the company to implement adequate measures to prevent further emissions.
Representing the plaintiffs are attorneys from Martzell, Bickford & Centola based in New Orleans along with Liddle Sheets P.C., a firm experienced in environmental litigation based in Detroit. The case is being presided over by Judge JTM-EJD under Case ID 2:24-cv-02540-JTM-EJD.