Simsmetal East $1.48M Pollution Class Action Settlement

Individuals who owned or leased a condominium unit in certain buildings at Port Liberté in Jersey City, New Jersey, with windows, doors, balconies or other open-air access directly facing business operations at Claremont Terminal between April 26, 2018, and Jan. 23, 2026, may be eligible to submit a claim for a cash payment from a class action settlement.

Sims Metal East LLC, Sims Group USA Holdings Corp. and Sims Municipal Recycling of New York LLC agreed to pay $1,475,000 to settle a class action lawsuit for alleged noise, odors, light, air pollution, fires and explosions from their industrial operations at Claremont Terminal.

Who can file a claim for a settlement payout?

Class members must meet the following criteria:

• They owned or leased a a condominium unit in a Port Liberté building between April 26, 2018, and Jan. 23, 2026.
• The unit has or had windows, doors, balconies or other open-air access directly facing the defendants’ business operations at Claremont Terminal.
• The condominium was located in one of the following Port Liberté buildings:
• 1 Independence Way
• 205 Shearwater Court West
• 206 Shearwater Court West
• 207 Shearwater Court West
• 208 Shearwater Court West
• 100 Shearwater Court East
• 101 Shearwater Court East
• 102 Shearwater Court East
• 15 Freedom Way
• 4 Constellation Place

The settlement separates the buildings into two classes:

• Primary class buildings: 1 Independence Way, 205-208 Shearwater Court West, 100-102 Shearwater Court East
• Secondary class buildings: 15 Freedom Way, 4 Constellation Place

The settlement includes both owners and tenants. If there are multiple owners or tenants for a unit, each may file a claim, and the settlement administrator will divide the shares for that unit among valid claimants.

How much is the settlement payment?

Class members can submit a claim to receive a cash payment from the net settlement fund. The settlement administrator will base the payment amounts on the number of shares awarded to each class member. It will determine the number of shares each claimant receives by:

• Whether the claimant owned or leased the unit
• Which building the unit is in (primary or secondary class)
• How long the claimant owned or lived in the unit
• The number of other claimants for the same unit

For each of these statements that are true, the claimant earns one point:

• Owned the unit
• Lived in the unit
• Owned the unit for at least three years during the class period
• Lived in the unit for at least three years during the class period

The settlement assigns each eligible condominium a maximum number of shares:

• Primary class units will receive one share per point up to four shares per unit.
• Secondary class units will receive 1/4 share per point up to one share per unit.

How to claim a class action rebate

To receive a settlement payment, class members can file a claim online or print the PDF claim form to fill out and mail to the settlement administrator. The claim deadline is May 26, 2026.

Settlement administrator's mailing address: Port Liberté Settlement, c/o JND Legal Administration, PO Box 91232, Seattle, WA 98111

Required proof and claim information

• All class members must provide:
• The claim ID and PIN from the settlement notice they received
• Their Social Security number or tax ID number
• Supporting documentation showing proof of ownership and/or residency. This may include property title/deed, purchase agreement or property tax bills/receipts, utility bills or copies of a lease agreement
• Co-owner or co-lessee information (each can submit their own claim or sign the same form)

Payout options

• Paper check mailed to the address listed on claim form

$1.48 million settlement fund breakdown

The$1,475,000 settlement fund includes:

• Settlement administration costs: Amount to be determined with one-third paid from the settlement fund
• Attorneys' fees: $491,617.50
• Attorneys' expenses: $52,884.92
• Payments to approved claimants: Remaining settlement funds

Important dates

• Deadline to opt out: May 4, 2026
• Fairness hearing: May 22, 2026
• Deadline to file a claim: May 26, 2026

When is the Port Liberté pollution settlement payout date?

Payments will be issued to approved claimants after the court grants final approval of the settlement and claim processing is completed.

Why is there a class action settlement?

The class action lawsuit alleged Sims Metal East LLC, Sims Group USA Holdings Corp. and Sims Municipal Recycling of New York LLC operated industrial businesses at Claremont Terminal that produced noise, odors, light, air pollution, fires and explosions. The plaintiffs claimed these activities reduced the value and enjoyment of their properties.

The defendants denied all allegations but reached to avoid further litigation costs. The settlement also requires the defendants to implement remedial measures at their respective facilities at Claremont Terminal to minimize and mitigate the entity's alleged environmental impacts.

Sources

1. Settlement notice
2. Port Liberté settlement claim form