The EPA’s settlement agreement with polluters leaves New Jersey taxpayers on the hook for the clean-up of the Passaic River.
We think that's a bad deal.
In 2022, ERH (then known as OxyChem) made a series of offers to the EPA to design and implement EPA’s approach to clean up the river. Work would have begun immediately and cost taxpayers nothing.
The EPA ignored us. And, in December 2024, a federal court approved the proposed settlement agreement with 85 companies the EPA recognizes polluted the Passaic River over the last 150 years.
We’re fighting this decision in federal appeals court.
If allowed to take effect, the agreement would let those companies walk away for a collective total of $150 million. Not one penny would actually go to cleanup of the river. This means nearly all the $1.82 billion clean-up cost is pinned on a handful of parties, including New Jersey communities.
That’s wrong.
How EPA’s settlement affects New Jersey.
The EPA estimates the total cost for the clean-up of the Passaic River to be $1.82 billion, yet its proposed settlement doesn’t require any polluter to clean up anything.
The result:
- New Jersey taxpayers could be forced to pay hundreds of millions of dollars to cover the settling companies’ share of the clean-up.
- The settling companies write a check and walk away.
- Clean-up of the Passaic River will be further delayed.
- Companies will be discouraged from doing the right thing for future clean-ups.
The problem in numbers.
ERH has been leading the effort to remedy and revitalize the Passaic River even though OxyChem itself did not cause the pollution. There is still a lot of work to be done. Here’s how the numbers break down.
150
years
Length of time industries have been polluting the river
100
+
Companies responsible for polluting the Passaic River
$
1.82
billion
Approximate cost to clean up the Passaic River
42
towns
On the hook if the settlement is approved
8.3
miles
Clean-up plan already developed by ERH
9
miles
Remaining portion of the river where no clean-up work is being performed, despite ERH's January & June 2022 offers to do so
