10/14/2016 12:55:12 PM 16CV21495 1 2 3 4 5 6 IN THE CIRCUIT COURT OF THE STATE OF OREGON 7 8 FOR THE COUNTY OF MULTNOMAH 9 BRIAN RESENDEZ, RODICA ALINA RESENDEZ, MICHELE FRANCISCO, and Case No. 16CV16164 10 MATTHEW TALBOT; individually and on behalf of all others similarly situated, 11 CONSOLIDATED AMENDED CLASS ACTION COMPLAINT 12 Plaintiffs, 13 v. CLAIM NOT SUBJECT TO MANDATORY ARBITRATION 14 PRECISION CASTPARTS CORP., an Oregon corporation, and PCC STRUCTURALS, INC., AMOUNT SOUGHT: OVER $10,000,000 15 ORS 21.160(1)(E) Defendants. 16 Filing Fee Under ORS 21.135(2)(a) 17 KELLEY FOSTER, JUAN PRAT- SANCHEZ, MARK McNAMARA, and 18 DEBRA TAEVS; individually and on behalf Case No. 16CV21495 19 of all others similarly situated, 20 Plaintiffs, 21 v. 22 PRECISION CASTPARTS CORP., an Oregon corporation, and PCC 23 STRUCTURALS, INC., 24 Defendants. 25 26 27 28 30 31 CONSOLIDATED AMENDED COMPLAINT KELLER ROHRBACK L.L.P. 1 1201 Third Avenue, Suite 3200 Seattle, WA 98101 32 1 INTRODUCTION 2 1. 3 Plaintiffs Brian Anthony Resendez, Rodica Alina Resendez, Michele Francisco, Matthew Talbot, 4 Kelley Foster, Juan Prat-Sanchez, Mark McNamara, and Debra Taevs (collectively, “Plaintiffs”), 5 individually and on behalf of a class of similarly situated persons, hereby file this Class Action 6 Complaint against Defendants Precision Castparts Corporation and PCC Structurals, Inc. (collectively, 7 “Defendants” or “Precision Castparts”), making the allegations herein upon personal knowledge as to 8 themselves and their own acts, and upon information and belief and based upon investigation of counsel 9 as to all other matters, as set forth herein. 10 2. 11 South Portland is home to thousands of families, vibrant businesses, and thriving schools. The 12 people who live and work in this neighborhood represent a broad range of ethnic, socio-economic, and 13 age groups. 14 3. 15 South Portland is also home to Precision Castparts, where it operates several facilities on 16 Johnson Creek Boulevard, including its Large Structurals Steel Operations and its Large Structurals 17 Titanium Operations (collectively, “Facility”). 18 4. 19 Toxic metals and other pollutants released from the Facility have contaminated peoples’ yards, 20 gardens, homes, and business, damaging property and diminishing property values, and posing 21 significant health risks. 22 5. 23 Plaintiffs, each of whom live and/or own real property in South Portland near the Facility, bring 24 this action pursuant to ORCP 32, individually and on behalf of those similarly situated, in order to 25 protect and seek redress for themselves, their families, and their community. 26 27 28 30 31 Class Action Complaint KELLER ROHRBACK L.L.P. 2 KAMPMEIER & KNUTSEN, PLLC SMITH & LOWNEY, PLLC 32 1 JURISDICTION AND VENUE 2 6. 3 This Court has jurisdiction over the parties and this case. Plaintiffs are citizens and residents of 4 Oregon. Defendants are Oregon corporations, and engage in regular, sustained business in Multnomah 5 County and maintain their principal places of business in Multnomah County. Defendant Precision 6 Castparts Corporation’s principal place of business is 4650 SW Macadam Ave., Ste. 300, Portland, 7 Oregon 97239. Defendant PCC Structurals, Inc.’s principal place of business is 4600 SE Harney Dr., 8 Portland, Oregon 97206. All claims alleged herein are based in Oregon law. 9 7. 10 Venue is proper in this Court. Substantial acts in furtherance of the alleged improper conduct 11 occurred within, and had and continue to have a profound effect in, Multnomah County. Plaintiffs 12 reside in Multnomah County and Defendants’ principal places of business are in Multnomah County and 13 the Facility lies partly in Multnomah County. 14 PARTIES 15 8. 16 At all times material, Plaintiffs were and remain citizens and residents of Oregon and resided and 17 owned real property in Multnomah County, Oregon, near Precision Castparts’ Facility. 18 9. 19 At all times material, Defendants owned and/or operated the Facility, a metal casting facility or 20 facilities located at or about 4600 SE Harney Dr., Portland, Oregon 97206. 21 FACTUAL ALLEGATIONS 22 A. South Portland’s Air 23 10. 24 Scientists with the United States Forest Service and Drexel University’s Dornsife School of 25 Public Health launched a study in 2013 collecting and analyzing samples of moss throughout the 26 Portland area (“Forest Service Study”). 27 11. 28 30 Certificate of Service KELLER ROHRBACK L.L.P. 31 1 1201 Third Avenue, Suite 3200 Seattle, WA 98101 32 1 Moss has been used to detect air pollution in forests since the 1960s. Moss does not have roots, 2 but instead absorbs nutrients and water from the atmosphere, thereby also taking up and storing other 3 compounds present in the air. These contaminants are stored in the moss tissue, making a record of 4 pollution levels in the surrounding environment. 5 12. 6 The Forest Service Study samples were analyzed for heavy metals and polycyclic aromatic 7 hydrocarbons. These efforts revealed high concentrations of certain contaminants in “hotspots” around 8 the Portland metropolitan area. 9 13. 10 The Forest Service Study found high concentrations of arsenic in several hot spots in the 11 Portland area, including one in the vicinity of the Facility. The map below, based on maps The 12 Oregonian prepared using data from the Forest Service Study, is attached as Exhibit 1 to this complaint 13 (and by reference incorporated into this suit). It shows elevated levels of arsenic in moss adjacent to the 14 Facility. Specifically, levels of arsenic in moss adjacent to the Facility ranging from 0.37 to 0.59 15 16 17 18 19 20 21 22 23 24 25 26 27 28 30 Class Action Complaint KELLER ROHRBACK L.L.P. 31 2 KAMPMEIER & KNUTSEN, PLLC SMITH & LOWNEY, PLLC 32 1 micrograms per kilogram are indicated in green, levels from 0.60 to 0.71 micrograms per kilogram are 2 indicated in yellow, and levels from 0.72 to 0.83 micrograms per kilogram are indicated in orange. 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 14. 23 The Forest Service Study also showed higher concentrations of nickel in a large area near the 24 Facility. This was the only significant nickel hot spot identified in the study. The map below, based on 25 maps The Oregonian prepared using data from the Forest Service Study, is attached as Exhibit 2 to this 26 complaint (and by reference incorporated into this suit). It shows elevated levels of nickel in moss 27 adjacent to the Facility, with red indicating 34.8 to 43.2 micrograms per kilogram of moss, orange 28 30 Class Action Complaint KELLER ROHRBACK L.L.P. 31 3 KAMPMEIER & KNUTSEN, PLLC SMITH & LOWNEY, PLLC 32 1 indicating 26.3 to 34.7 micrograms per kilogram, yellow indicating 17.8 to 26.2 micrograms per 2 kilogram, and green indicating 9.3 to 17.70 micrograms per kilogram. 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 30 Class Action Complaint KELLER ROHRBACK L.L.P. 31 4 KAMPMEIER & KNUTSEN, PLLC SMITH & LOWNEY, PLLC 32 1 2 15. 3 Together, the red, yellow, orange, and green areas depicted on the map below, which is attached 4 as Exhibit 3 to this complaint (and by reference incorporated into this suit), are defined as the “Affected 5 Area.” 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 30 Class Action Complaint KELLER ROHRBACK L.L.P. 31 5 KAMPMEIER & KNUTSEN, PLLC SMITH & LOWNEY, PLLC 32 1 B. Precision Castparts’ Emissions. 2 16. 3 The Facility emits thousands of pounds of nickel, arsenic, chromium, and other toxic materials 4 and heavy metals into the air each year according to the Facility’s own records and EPA’s Toxic Release 5 Inventory. 6 17. 7 Plaintiffs expect the evidence will show that the Facility is the primary, if not exclusive, source 8 of the pollution hotspots identified in the Forest Service study in the areas shown in Exhibits 1, 2 and 3. 9 18. 10 Defendants emit excessive amounts of inorganic arsenic from the Facility into the air. 11 19. 12 Defendants have concealed and continue to conceal the nature and extent of their use and 13 emission of arsenic from Plaintiffs, Class Members, regulatory authorities, and the public. However, 14 Defendants have admitted that the Facility emits arsenic into the air. 15 20. 16 Defendants emit excessive amounts of nickel from the Facility into the air. 17 21. 18 There are no other known users of nickel in the vicinity of the nickel hotspot surrounding the 19 Facility. 20 22. 21 In each of the last four years, total nickel releases from the Precision Castparts’ Facility to 22 various environmental media - including air - exceeded two million pounds. 23 23. 24 Emissions from the Facility are a source of the arsenic hotspot documented by the Forest Service 25 Study. 26 24. 27 Emissions from the Facility are a source of the nickel hotspot documented by the Forest Service 28 Study. 30 Class Action Complaint KELLER ROHRBACK L.L.P. 31 6 KAMPMEIER & KNUTSEN, PLLC SMITH & LOWNEY, PLLC 32 1 25. 2 The Facility emits a variety of other harmful pollutants into the air, including hexavalent and 3 other forms of chromium and other toxins. 4 26. 5 Particles of arsenic, nickel, chromium, and other metals and toxins from the Facility have entered 6 the air that Plaintiffs and Class Members breathe in their yards and in their homes, and been deposited 7 on the soil and other surfaces on the property owned or rented by Plaintiffs and Class Members.