Three generations of Love Canal residents, joined by regional and national environmental and civil-rights groups, petitioned the New York State Department of Environmental Conservation and the Department of Health on Oct. 2, WNYmedia reported.
They asked the agencies to act quickly to protect families living in the Love Canal Emergency Declaration Areas after a backyard pool excavation exposed troubling new signs of waste a few hundred feet from the Love Canal Superfund containment area.
Here's what to know
The petition asks the state to relocate Daniel and Jocelyn McKiernan from 1026 99th Street, about 300 feet north of the Love Canal Superfund containment area, and to seek EPA Superfund money for that relocation.
Petitioners say the problem became apparent after a shallow dig for a backyard pool revealed industrial waste, ash-like material, and foul smells.
They also contend that NAPL-like material has shown up in basement drains and sump areas.
Separate July 2026 testing cited in the filing — conducted by DEC and by an independent environmental firm working with the McKiernans — found heavy metals and multiple hazardous chemicals on and near the property.
TCD Picks » Quince Spotlight
💡These best-sellers from Quince deliver affordable, sustainable luxury for all
Beyond the McKiernans' address, the filing seeks a wider remedial investigation covering EDA 1 through 7 and surrounding streets.
It asks for testing of soil, groundwater, indoor and outdoor air, and other environmental media to see whether conditions exceed New York cleanup standards under 6 NYCRR Part 375.
More background
At the center of the challenge is the state's late-1980s decision that allowed people to live again in parts of the Emergency Declaration Areas.
Petitioners call that determination unscientific and argue that DEC and DOH left contamination behind on some EDA properties during the 1990s.
The petition backs that argument by citing earlier criticism from the Congressional Office of Technology Assessment, the Natural Resources Defense Council, and others.
Those critiques, as described in the filing, argued that caps and other containment measures can break down over time and therefore need strong monitoring and leak-detection systems.
Among those listed as petitioners are first-, second-, and third-generation Love Canal survivors; Dr. David Carpenter; SUNY Buffalo Law adjunct and author Christen Civiletto; the Clean Air Coalition of Western New York; the NAACP Niagara Falls Branch; Save Our Backyards WNY; Sierra Club Niagara Group; Nuclear Information & Resource Service; and other local advocacy groups.
What's being done?
The filing asks DEC and DOH to determine whether homes in and around the Emergency Declaration Areas exceed State Superfund soil-cleanup benchmarks and other health-protective guidance.
It also seeks an inspection of the Love Canal leachate collection system and other engineered controls to see whether they are functioning as intended.
It further requests that the agencies issue a declaratory ruling under NYSAPA Section 204.
The petition indicates that the usual response period is 30 days, though agency rules can extend that deadline to 60 days.
DEC and DOH did not appear in the materials with a statement responding to the petition, and EPA was not quoted either.
Where can I learn more?
The concerns raised at Love Canal mirror other fights over toxic waste, leaking landfills, and spotty oversight. These stories look at contamination disputes in New York and beyond, from PFAS plumes to polluted canals.
• In Brookhaven, officials faced outrage over a spreading landfill PFAS plume near homes.
• State officials acknowledged that 17 unmonitored toxic landfills could threaten drinking water far beyond their boundaries.
• In Brooklyn, a lawsuit revived scrutiny of mutant water in the Gowanus Canal.
Get TCD's free newsletters for easy tips, smart advice, and a chance to earn $5,000 toward home upgrades. To see more stories like this one, change your Google preferences here.
