Top EPA Official: National Grid Sues NYC to Effectively Halt Gowanus Cleanup

National Grid Files Suit Against 40+ Entities to Roadblock Gowanus Cleanup After Misusing State Program

EPA Official Confirms Improper Use of NYS Brownfield Program in Corrupt Bid to Shift NatGrid Cleanup Costs onto Taxpayers & Ratepayers 

National Grid, the largest responsible polluter in the Gowanus Canal federal Superfund, filed a major lawsuit in federal court naming NYC, Con Edison, Kraft Heinz, Verizon, federal agencies and other parties (here), asserting that the company’s gas customers cannot afford the skyrocketing costs of cleaning up the historic pollution in Gowanus.

National Grid looks to blame other parties responsible for the pollution, stating: "By their intransigence, the recalcitrant, remaining responsible parties are threatening to undermine the entire effort to clean up the canal.” But despite attempting to be seen as advancing the cleanup, the practical effect of NatGrid’s lawsuit will actually be to endanger and delay the cleanup.

The lawsuit, along with recent public comments from Brian Carr, lead EPA attorney for the Gowanus Superfund Site, reveals and confirms a litany of sins:

• The long list of EPA-identified polluters haven't been paying as required by law but instead are passing the cleanup costs to both ratepayers (their customers) and taxpayers;

• EPA knew that the main toxic source material in the Canal was coming from the uplands surrounding the Gowanus Canal but has tried to avoid federal Superfund responsibility for those sites despite a clear nexus; 

• EPA has not exercised full oversight over the Gowanus uplands and has allowed NYC, NYS and NatGrid to use the NYS Brownfield Program improperly in order to shift clean-up costs to taxpayers and ratepayers across the region;

• NatGrid has never had any intention of doing a comprehensive cleanup in Gowanus that is protective of human health and the environment despite being responsible for the vast majority of the pollution. 

Voice of Gowanus (VoG) previously sent an extensive and damning letter to EPA on September 23rd, 2024 (here), urgently calling for a federal takeover of the upland sites around the Canal. The letter also outlines the shady financial engineering by NYC and NYS that aims to shield National Grid from liability and maximize taxpayer subsidies flowing to developers while at the same time limiting the cleanup. These upland issues are currently under investigation by the EPA Inspector General, who has already called out EPA Region 2 for its failure to properly exercise federal authority in Gowanus (here).   

Meanwhile, EPA’s Superfund cleanup is already failing the community. Carcinogenic coal tar from National Grid sites continues to present a health risk and a risk to the Superfund remedy. The lagging 100 block-wide investigation by NYS DEC into Soil Vapor Intrusion in Gowanus shows that toxic contamination continues to spread under homes, schools and businesses. As shown in the VoG letter to EPA Region 2, National Grid is trying, in particular, to minimize the remediation of the most toxic site — the Citizens MGP site — which is slated for low income families and a school in a redevelopment project called “Gowanus Green.” 

In shocking comments to the Land Use Committee of the Gowanus CAG on October 8th, EPA Assistant Regional Counsel Brian Carr validated VoG’s positions and revealed new information, stating: 

“National Grid is doing everything it possibly can to stay in compliance while dragging everything out as long as they can to keep the money in the bank.”

“They have an incredible amount of liability for a lot of these Brownfield sites where there are coal tar cleanups.”

“Citizens [MGP site]…is the single biggest polluting site on the canal.” 

“New York City and National Grid have what should be a State Superfund site in a brownfields program… and have we gotten a cleanup?”

“[Citizens] should be a State Superfund site. It was mere political will by the City of New York, who was trying to avoid liability…together with National Grid to do that. That’s just a fact. It may be scandalous for me to say that, and I know you’re taping this, and I don’t care, but it is the truth.”

“[EPA] has always been able to take over” the Citizens site.