U.S. appellate court gives casino lawsuit new life

Adam Bednar//July 2, 2015

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U.S. appellate court gives casino lawsuit new life

U.S. appellate court gives casino lawsuit new life

By Adam Bednar

//July 2, 2015

The U.S. District Court for the District of Maryland must reconsider its dismissal of a lawsuit alleging Baltimore, as well as the current and former owners of the Horseshoe Casino site, failed to protect a nearby river from hazardous materials.

Plaintiffs in Bruce Goldfarb et. al. vs. Mayor and City Council of Baltimore et. al. argue portions of the casino site are contaminated with hazardous chemicals as a result of the property being used as an industrial site for more than a century, and in particular as a chemical manufacturing and storage site for 50 years.

The lawsuit contends the construction of the casino contributed to these materials “migrating” to waterfront parcels used for recreational purposes and the Middle Branch of Patapsco River.

In addition to the city, the lawsuit also names the property’s current owners, CBAC Gaming LLC, and previous owner, Maryland Chemical Company Inc., as defendants. The complaint alleges their actions, or inaction, in addressing hazardous materials from the casino site during and after construction violate the Resource Conservation and Recovery Act.

The U.S. Court of Appeals for the Fourth Circuit published its opinion remanding the case on Wednesday.

(Disclosure: Plaintiff Bruce Goldfarb and the reporter on this story are both former employees of Patch.com)

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