The answer is they should not. The lawsuit we have seeks to hold them to the same standard that everyone else is held to. The case is about harmful dust that is blown off the Norlite facility and into the surrounding community. The dust has been proven to contain known carcinogens, and Norlite admits this.
The case is a class action that currently is in federal court. It has been brought on behalf of all residents within a one-mile radius of the Norlite facility. The case is against the owner and operator of the facility, Norlite LLC, and another operator of the facility and the owner of Norlite LLC, Tradebe. The legal claims made are negligence, nuisance, strict liability for conducting an abnormally dangerous activity, and trespass.
The damages being sought are monetary relief for depreciation in property values, lost use, remediation measures, and other expenses attributable to the dust. In addition, we are seeking to have Norlite and Tradebe fund a medical monitoring program for the community, to monitor for and detect any disease attributable to the dust. Lastly, we are seeking a court order requiring that Norlite and Tradebe take the proper precautions to avoid fugitive dust emissions from their facility, or to have the facility shut down if they cannot do so.
What can you do to help stop Norlite?
There is power in numbers and unity. Communities must come together to stand up for their rights against mega-companies that pollute their living environment. By joining, you will be adding to our numbers as a unified community to hold Norlite and Tradebe accountable and to avoid future pollution by them.
How with this affect you? (FAQs)
Will I get any money?
If we are successful in court, everyone in the class will recover a share of any amount recovered for that class.
Will I have to pay anything upfront for lawyers, experts, etc.?
No. Our firm is handling the case at no upfront cost to anyone involved. We do not get paid unless you do.
Can I have my home tested?
Yes. Our experts have found harmful dust that can be traced to the Norlite facility in peoples’ homes. .
Other than money, will this lawsuit help me?
Yes. In addition to monetary damages, we are seeking to have Norlite and Tradebe fund a medical monitoring program where you can receive periodic examinations to detect any diseases or conditions attributable to the facility. Equally as important, we are seeking for Norlite and Tradebe to pay for the decontamination of residences that have been contaminated with dust that Norlite itself warns “Do not breathe.” We are also seeking restrictions on operations at the facility in order to avoid future pollution.
DID YOU KNOW?
According to Notices of Violation dated October 11, 2022 and May 12, 2023, between August 2021 and March 2023, the NYS Department of Environmental Conservation documented repeated instances when emissions from the Norlite facility exceeded several health and safety thresholds:
HAZARDOUS AIR QUALITY LEVELS:
- 7 hours when air quality reached HAZARDOUS levels (EPA Air Quality Index [“AQI”] greater than 301) between August 1, 2021 and September 12, 2022
- On May 5, 2022, hourly PM-10 emissions exceeded 900 µg/m³—a measurement that exceeds the hazardous level on the EPA’s AQI chart
UNHEALTHY AIR QUALITY:
- 23 hours when air quality was UNHEALTHY or VERY UNHEALTHY (AQI 151-300) between August 1, 2021 and March 27, 2023—conditions requiring the general population to reduce outdoor activity
- 83 hours when air quality was UNHEALTHY FOR SENSITIVE GROUPS (AQI 101-150) between August 1, 2021 and March 27, 2023—dangerous for children, elderly, and those with respiratory conditions
SHORT-TERM EXPOSURES:
- Between August 1, 2021 and March 27, 2023, there were 24 total hours when one-hour PM-10 concentrations exceeded 380 µg/m³—levels associated with acute irritation, physiological stress, and inflammatory response
PROLONGED EXPOSURES:
- 24-hour PM-10 concentrations exceeded the health-protective threshold of 50-55 µg/m³ on at least 24 days between August 1, 2021 and March 27, 2023
- Between August 1, 2021 and July 10, 2022 (331 days of valid monitoring data), the annual PM-10 average was 25 µg/m³—25% above the level of 20 µg/m³ which has been associated with adverse health impacts
TOXIC CRYSTALLINE SILICA:
- Between March 17, 2021 and May 17, 2022, the average of crystalline silica emissions was 2.4 µg/m³—exceeding New York’s annual guideline concentration designed to protect public health
- In early 2022, average crystalline silica emissions climbed to 2.7 µg/m³—35% above the guideline concentration
- Crystalline silica emissions exceeded the guideline concentration on 23 of 50 monitored days (46%) between March 17, 2021 and May 17, 2022
These exceedances occurred despite an enforceable Fugitive Dust Control Plan designed to prevent harmful emissions from reaching nearby residents.
While Norlite and Tradebe claim that these emissions come from other sources, our experts, NYS Department of Environmental Conservation scientists, and an independent geologist who is a renowned professor at Columbia University all have confirmed that emissions from the Norlite facility have deposited offsite, contaminating residences in the surrounding community.
Because of the Norlite facility, an entire community at the Saratoga Sites housing complex needed to be relocated. Cohoes Mayor Keeler wrote to Tradebe’s CEO: “I assure you, the only reason I have been advocating for the relocation of 70 families from their homes in Saratoga Sites is because of Norlite’s uncontrolled fugitive dust.”
DO NOT ALLOW NORLITE TO CONTINUE TO TAKE ADVANTAGE OF YOUR COMMUNITY!
Contact Phillip A. Oswald, Esq.
518.886.1902
oswald@rupppfalzgraf.com
Norlite Class Action News
LITIGATION UPDATE – NORLITE CLASS ACTION SEPTEMBER 2025
Major Progress in Our Fight for the Community
Rupp Pfalzgraf is pleased to report significant developments in our ongoing class action lawsuit against Norlite LLC and Tradebe Environmental Services LLC on behalf of residents affected by dust emissions from their Cohoes facility. Our firm’s goal throughout this litigation has been to protect the health of community residents and improve their quality of life by stopping harmful emissions from this facility and addressing the ongoing effects of years of prior dust contamination.
Extensive Discovery Reveals Key Evidence
Our legal team has conducted thorough discovery over the past several years, analyzing and reviewing over one million pages of documents from the defendants, the New York State Department of Environmental Conservation (DEC), and other parties familiar with the facility and its offsite emissions. This massive document review has yielded crucial evidence supporting our claims and damages. Additionally, we have deposed over 30 individuals, many requiring multiple days of testimony, which also has produced valuable testimony that will support our case.
Groundbreaking Community Monitoring Confirms Norlite Dust Impact
An environmental engineering expert retained by Rupp Pfalzgraf has conducted an unprecedented community-wide monitoring and sampling program that provides definitive scientific proof of Norlite’s impact on surrounding neighborhoods. Using advanced techniques including Passive Deposition Sampling and sophisticated scanning electron microscopy analysis, the engineer collected air and dust samples from inside and outside class representatives’ homes.
The results are striking: Unique “particle signatures” were identified that definitively prove particles from the facility’s high-temperature kiln operations have been depositing at resident homes for years. The engineer’s and the lab’s analysis confirms that the dust community members have been complaining about is undeniably from the Norlite facility. The study shows that the emissions impact homes in all directions (except west and southwest) within at least a one-mile radius, with contaminated particles infiltrating both outdoor and indoor environments.
Strong Expert Evidence Supporting Our Claims
Rupp Pfalzgraf has assembled a team of leading experts whose reports provide compelling evidence:
- Environmental Engineer: Proved through comprehensive monitoring that Norlite’s operations violate air quality standards and documented 60 days between 2021-2024 when PM10 levels exceeded safe thresholds.
- Toxicologist: A Mount Sinai professor who concluded that Norlite’s dust emissions are “injurious to the health of residents” and recommends comprehensive medical monitoring for all affected residents.
- Remediation Experts: Developed detailed decontamination cost estimates projecting over $100.6 million needed to properly clean 988 community residences totaling over 2 million square feet.
Moving Forward
A mediation has been scheduled for September 25-26, 2025, where both sides will discuss settlement with assistance from a neutral mediator. Our class representatives will attend to represent the interests of all affected community members.
If mediation doesn’t result in settlement, the case will continue with expert depositions through October 2025, followed by important motions in December, and potentially a trial depending on court rulings.
Stay Informed
We will continue to update this page with significant developments. As always, please keep all case communications confidential. If you have questions about the litigation, please contact our office.