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. People who chose to be “class representatives” can get an extra amount because they will be more involved in the case
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. However, again, while this would be very helpful, it is not required.
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. If unfortunately, the disease is detected, you can receive treatment. The examinations and treatment will be at no cost to you. We are also seeking restrictions on operations at the facility in order to avoid future pollution.
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.