J.H. Baxter pollution lawsuit settles for $200K; class-action decertified

Eugene Register-Guard
J.H. Baxter settled a pollution lawsuit for $200,000, but class-action status was decertified due to the company's financial state.

Summary

A lawsuit against J.H. Baxter regarding pollution in a Eugene neighborhood has been settled for $200,000, as announced by Federal Judge Ann Aiken on February 13th. The case, Bell-Alanis et al v. J.H. Baxter & Co. et al, was initially a class-action lawsuit representing residents near the plant from June 11, 2019, onwards. However, Judge Aiken decertified the class, citing the company’s defunct status and inability to compensate all affected parties, limiting the payout to the four named plaintiffs. A second lawsuit, Hart et al v. J.H. Baxter & Co., Inc. et al, followed a similar trajectory, with Judge Mustafa Kasubhai also decertifying the class.

J.H. Baxter operated a wood treatment facility in West Eugene from 1943 to 2022, releasing hazardous substances like dioxins into the groundwater and soil, contaminating nearby residential areas. The site is now designated as an EPA Superfund site. Georgia Baxter-Krause, the company’s president, faced criminal charges and was sentenced to 90 days in prison and a $500,000 fine for illegally disposing of hazardous wastewater.

The company itself was fined $1 million, a sum prosecutors acknowledged was lower than the maximum possible to ensure funds remained available for civil settlements. The settlement aims to provide some compensation to those directly involved in the lawsuits, despite the limitations imposed by the company’s financial situation.

(Source:Eugene Register-Guard)

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