PCB-pollution problem in the upper Hudson River: From environmental disaster to environmental gridlock

The PCB pollution of the upper Hudson River has been traced to two discharge pipes from capacitor-manufacturing plants of the General Electric Company (GE) at Hudson Falls and Fort Edward, located about 40 miles north of Troy, New York. In August 1974, EPA biologists carried out a field investigation upstream of, at, and downstream of the GE discharge pipes. In September 1975, goaded by articles about PCB-contaminated fish from the Hudson Estuary, the Commissioner of the New York State Department of conservation (NYS DEC) commenced an administrative proceeding against GE, alleging violations of several NY State Environmental Conservation Law sections, and seeking cessation of PCB discharges, penalties for past discharges, and rehabilitation of the upper river. One stipulation of the resulting settlement agreement was that New York State sign off with GE over PCB pollution of the Hudson River and, if the Advisory Committee recommended in favor of rehabilitation, it would use its best efforts to find funds from sources other than GE to help pay for rehabilitation. The future of the PCB problem in the upper Hudson River seems likely to be settled by the outcome of a class-action lawsuit that commercial fisherman have filed against GE. In Januarymore » 1989, a NEW York Appeals Court voted in favor of the ruling that the fishermen were entitled not only to payments for lost income, but to injunctive relief (which implies that GE must clean up the River). 311 refs., 30 figs., 14 tabs.« less