The Collins Law Firm, P.C.
| 1770 N. Park Street Suite 200 Naperville, IL 60563 (630) 527-1595 |
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| Voss, Molenaur vs. Waste Management of Illinois, et al |
- UPDATE: 9/29/09: Received final approval of $1.9 million dollar settlement. In addition to the monetary
settlement, class member families received a connection to the municipal water supply paid by the Defendants.
- 9/4/08: Judge Margaret J. Mullen denied Waste Management’s most recent attempt to throw area families out of
court. In her written ruling on Waste Management’s motion for summary judgment, Judge Mullen rejected the
argument that there was a “safe” level of vinyl chloride, a known human carcinogen. Waste Management’s
argument that the groundwater was not contaminated to a high enough level, the Court found, “finds no direct
support in Illinois law” and “is irrelevant” to Plaintiffs’ trespass claim.
- The Court also rejected Waste Management’s argument that doing what USEPA ordered it to do was all that was
required of it under Illinois law. This argument the Court ruled “is undercut by the documents it cites”, which
revealed that USEPA did not release Waste Management from its liability for contaminating the groundwater.
- For further information, please see our Second Amended Complaint, filed 2/6/06, which includes, as an exhibit, a
figure identifying the geographic boundaries of the Class.
This is a class action lawsuit (Gene E. Voss, et al. v. Waste Management of Illinois, Inc., et al.) brought by and on behalf of
all persons and non-governmental entities who: currently, or since September 2003, own(ed) property or reside(d) on
property within the subdivisions commonly referred to as Hillcrest, Lakeview Villa, Spencer Highlands, Elmcrest,
Wellsmere Heights, North Shore, and Garland Road South; and relied upon a private well as a source of residential water.
Properties throughout the Class are contaminated with hazardous substances, including vinyl chloride, from the
Wauconda Sand & Gravel Pit.