Court Rules Against Newark Activists In Battle Over Bottled Water

NEWARK, NJ — The City of Newark doesn’t have to expand its free bottled water program as it continues to cope with lead contamination in an estimated 18,000 homes, a federal judge ruled.

Newark recently began handing out free bottled water for some residents after the U.S. EPA said water filters – a key element of officials' plan to fight the contamination – may not be working as expected.

• See related article: Feds Say Use Bottled Water In Newark, Filters Unreliable

City officials have insisted the contamination is only taking place at homes with lead service lines or lead plumbing in the Pequannock system, and have limited the bottled water distribution to residents who live in that area.

But activists wanted the city to expand the program to pregnant/nursing women and children under six in the Wanaque service area too, which they claim is also seeing elevated levels of lead.

After the city announced its plans to hand out free bottled water last month, the Newark Education Workers (NEW) Caucus and the Natural Resources Defense Council (NRDC) filed a legal demand to expand the program.

But on Aug. 30, a U.S. district judge denied their request. In her decision, Esther Salas wrote that the activists haven’t shown there is a danger of “imminent, irreparable harm” or a systematic failure in the Wanaque system.

“To the contrary, the evidence presented during the hearing supports the finding that the corrosion control in the Wanaque service area is… functioning and effective,” Salas stated.

Newark officials – including Mayor Ras Baraka – hailed the court decision as proof the city is “moving in the right direction” when it comes to fixing its lead crisis.

“The only permanent solution to eliminate the risks of lead is to replace every remaining lead service line in our city – and we are going to do so quickly and at no cost to residents through an unprecedented and aggressive lead service line replacement program,” Baraka said.

• See related article: County Helps Newark Nab $120M In Loans To Fight Water Crisis

But activists called the ruling “disappointing” and pledged to continue the fight for clean water in New Jersey’s largest city.

Yvette Jordan of the NEW Caucus, which includes educators in the local public school district, said that the group was “appalled by the lack of attention” to the needs of their students.

“We will continue to carry on the fight to ensure that Newark residents have access to safe drinking water, and that the politicians of Newark, New Jersey, and the entire nation, fix the root causes of this public health crisis,” Jordan said.

Erik Olson of NRDC said that lead in drinking water is a “citywide problem” that requires a citywide solution.

“The NEW Caucus and NRDC will carry on the fight to ensure that every Newark citizen gets safe drinking water,” Olson said.

Other environmental groups, such as the Newark Water Coalition, have also been active in the push for clean water in the city.

Recently, several arrests took place during a rally at the MTV Video Music Awards, which took place n New Jersey for the first time in the network’s history.

• See related article: Protest For Clean Water Ignites Outside MTV Awards In Newark

TESTS AT ELEVEN80

On Saturday, a test of the water at the Eleven80 apartment building at 1180 Raymond Boulevard – which is in the Wanaque service area – showed less than five parts per billion of lead, significantly below the EPA's lead action level of 15 parts per billion.

However, the EPA also says that lead is a toxic metal that can be harmful to human health even at low exposure levels. Young children, infants and fetuses are particularly vulnerable to contamination, which has been linked to damage to the central and peripheral nervous system, learning disabilities, shorter stature, impaired hearing, and impaired formation and function of blood cells.

According to city officials, a test at the same building in January also showed less than five parts per billion.

Officials said that like other large buildings, 1180 Raymond is not connected to the city’s water main by a lead service line.

“Large buildings require pipes far larger than lead service lines, which are typically the diameter of a quarter,” officials stated.

Mayor Baraka said the tests were analyzed at an outside lab to ensure independence.

“The city did not perform the test recently conducted by a private company that was mentioned in news reports,” he said.

• See related article: Newark Lead Water Crisis: No State Of Emergency, Gov. Murphy Says
• See related article: Newark Sees Outpouring Of Donations, Love During Water Crisis
• See related article: Bloomfield, Belleville, Nutley React To Newark Water Woes

Don’t forget to visit the Patch Newark Facebook page. Learn more about posting announcements or events to your local Patch site. Send local news tips and correction requests to eric.kiefer@patch.com