Simsmetal East $1.48M Pollution Class Action Settlement 2026, Eligibility, Deadline & How to File a Claim

Port Liberté condo owners and tenants in Jersey City, New Jersey may qualify for cash payments from a $1.48 million pollution class action settlement against Simsmetal East LLC and related companies. If you lived in specific buildings facing Claremont Terminal between April 2018 and January 2026, you could receive compensation for alleged environmental impacts.

⏰ Critical Deadlines

What Is the Simsmetal East Pollution Settlement About?

Residents and owners of condominium units at the Port Liberté development in Jersey City filed a class action lawsuit claiming that operators of two industrial businesses at nearby Claremont Terminal produced noise, odors, light, air pollution from dust, particulate matter and other causes, fires, and explosions that allegedly decreased property values and interfered with their use and enjoyment of their homes.

The defendants—Simsmetal East LLC, Sims Group USA Holdings Corporation, and Sims Municipal Recycling of New York, LLC—operate metal recycling facilities at Claremont Terminal. These companies deny all liability but agreed to settle the case to avoid ongoing litigation costs.

Case Details:

• Case Name: Lionel Medina, et al. v. Simsmetal East LLC, et al.
• Docket Number: HUD-L-1589-24
• Court: Hudson County Superior Court, New Jersey
• Total Settlement Fund: $1,475,000 (approximately $1.48 million)
• Settlement Administrator: JND Legal Administration

Who Qualifies for the Settlement? (Eligibility Requirements)

You’re eligible if you meet ALL of these criteria:

1. Location: You owned OR leased a condominium unit in one of these Port Liberté buildings:
   
   • Primary Class 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
   • Secondary Class Buildings: 15 Freedom Way, 4 Constellation Place
2. Time Period: You owned or leased the unit at any point between April 26, 2018 and January 23, 2026
   
3. Direct Exposure: Your unit had windows, doors, balconies, or other open-air access facing business operations at Claremont Terminal
   

Both property owners and tenants qualify. If multiple people owned or leased the same unit, each person can file their own claim, and the settlement administrator will divide the payment proportionally.

How Much Money Will I Get? (Payment Amounts)

Payment amounts vary based on a share allocation system. The Settlement provides that Defendants will establish a Settlement Fund valued in the amount of $1,475,000, and your payment depends on four factors:

1. Ownership vs. Lease: Whether you owned or leased the property
2. Duration: Number of years you owned/leased and resided in the unit
3. Building Location: Whether your building is classified as “primary” or “secondary” class
4. Total Claimants: The number of other valid claims filed

Payment Calculation Examples

While exact amounts aren’t disclosed until all claims are processed, here’s how the share system works:

Scenario 1 – Owner, Primary Building, 3 Years: An owner who lived in 205 Shearwater Court West for 3 years during the class period would receive more shares than a tenant in the same building for the same duration.

Scenario 2 – Tenant, Secondary Building, 1 Year: A tenant who leased at 15 Freedom Way for 1 year would receive fewer shares due to shorter residency and secondary building classification.

Scenario 3 – Co-owners: If three people co-owned a unit at 1 Independence Way for 5 years, they could each file claims, and their combined shares for that unit would be divided among them.

The settlement administrator calculates shares after deducting attorney fees, administrative costs, and other approved expenses from the gross settlement fund.

What Else Does the Settlement Include? (Non-Monetary Benefits)

Beyond cash payments, the settlement requires defendants to implement remedial measures at Claremont Terminal facilities. The Settlement provides that Defendants are undertaking a number of remedial measures at their respective facilities at Claremont Terminal to minimize and mitigate the alleged environmental impacts of noise, odors, light, air pollution, dust, fires, and explosions from their industrial operations.

These environmental improvements are detailed in the full Settlement Agreement available on the official settlement website.

How to File Your Claim (Step-by-Step Instructions)

Option 1: File Online (Recommended)

1. Visit the official settlement website: portlibertesettlement.com
2. Click “File a Claim” button
3. Complete the online claim form with:
   • Your contact information
   • Property address and unit number
   • Dates of ownership or lease
   • Co-owner or co-lessee information (if applicable)
4. Upload supporting documentation (see required documents below)
5. Submit before May 26, 2026

Option 2: File by Mail

1. Download and print the PDF claim form from portlibertesettlement.com
2. Fill out all required fields completely
3. Attach copies of supporting documentation
4. Mail to: Port Liberté Settlement c/o JND Legal Administration PO Box 91232 Seattle, WA 98111
5. Postmark by May 26, 2026

Required Documentation

You must provide proof of ownership and/or residency, which may include:

• Property title or deed
• Purchase agreement
• Property tax bills or receipts
• Utility bills in your name
• Lease agreement copies
• Co-owner or co-lessee information and signatures

When Will I Receive My Payment?

Payments will be issued to approved claimants after the court grants final approval of the settlement and claim processing is completed. This typically occurs approximately 60-90 days after the Final Approval Hearing on May 22, 2026, assuming no appeals are filed.

Payments will be distributed as paper checks mailed to the address you provided on your claim form.

What Were the Allegations Against Simsmetal East?

The lawsuit alleged that Simsmetal East’s metal recycling operations at Claremont Terminal caused multiple environmental nuisances:

• Air Pollution: Dust and particulate matter from scrap metal processing
• Noise Pollution: Loud industrial equipment operation
• Light Pollution: Excessive lighting from nighttime operations
• Odors: Unpleasant smells from recycling processes
• Fires and Explosions: Incidents at the industrial facility

Plaintiffs claimed these conditions decreased their property values and prevented them from fully enjoying their homes. The defendants maintain they operated lawfully and deny all wrongdoing.

Settlement Deductions and Attorney Fees

The $1.48 million gross settlement fund will have deductions before distribution to class members:

• Attorney Fees: Up to one-third of the settlement fund (subject to court approval)
• Settlement Administration Costs: Amount to be determined
• Other Court-Approved Expenses: Litigation costs and related fees

The net settlement fund after these deductions will be divided among approved claimants based on their allocated shares.

What If I Do Nothing?

If you don’t file a claim by May 26, 2026, you’ll receive no payment from this settlement. Additionally, you’ll give up your right to sue the defendants about these same allegations in the future. Doing nothing means you forfeit both compensation and legal rights.

What If I Missed the Deadline?

Unfortunately, settlement deadlines are typically firm. If you miss the May 26, 2026 claim deadline, you likely won’t receive any payment. However, you should still contact the settlement administrator immediately:

• Phone: 877-206-2311
• Email: [email protected]

In rare cases, the court may allow late claims if you can demonstrate good cause for the delay, but this isn’t guaranteed.

How to Exclude Yourself (Opt Out)

If you want to preserve your right to file your own lawsuit against the defendants, you must opt out by May 4, 2026. To exclude yourself:

1. Send a written request to the settlement administrator stating you want to be excluded
2. Include your name, address, and unit information
3. Mail to the settlement administrator address (listed above)
4. Postmark by May 4, 2026

Important: If you opt out, you won’t receive any settlement payment but can pursue your own legal claims independently.

How to Object to the Settlement

If you believe the settlement is unfair but still want to participate, you can object by May 4, 2026:

1. Write a letter explaining why you object to the settlement
2. Include your name, address, and unit information
3. Mail to both the settlement administrator and the court
4. You may attend the Final Approval Hearing on May 22, 2026 to voice your objections

You can still receive a payment even if you object, but you cannot both exclude yourself AND object.

Is This Settlement a Scam? How to Verify Legitimacy

Environmental pollution settlements attract scammers. Protect yourself:

Official Website ONLY: portlibertesettlement.com (JND Legal Administration) Legitimate Contact: 877-206-2311 or [email protected] No Payment Required: Never pay fees to file a claim No Upfront Taxes: You don’t pay taxes before receiving settlement funds Court Documents: Verify case HUD-L-1589-24 in Hudson County Superior Court

🚨 Red Flags:

• Requests for payment to file claims
• Unsolicited calls demanding immediate action
• Emails from non-official domains
• Guarantees of specific payment amounts
• Pressure to wire money or provide bank account details

Frequently Asked Questions (FAQs)

1. Do I qualify if I only lived there for a few months?

Yes. Any ownership or lease during the class period (April 26, 2018 to January 23, 2026) qualifies you, though shorter residency results in fewer shares and lower payments.

2. Can both my spouse and I file claims for the same unit?

If you co-owned or co-leased the unit, each person can file their own claim. The shares allocated to that unit will be divided among all valid claimants for that specific property.

3. What if I rented the unit but don’t have a formal lease agreement?

Contact the settlement administrator at 877-206-2311 to discuss alternative documentation like utility bills, rent receipts, or landlord verification letters.

4. Does my unit need to face Claremont Terminal directly?

Yes. Only units with windows, doors, balconies, or other open-air access facing business operations at Claremont Terminal qualify. Interior units without direct exposure aren’t eligible.

5. I sold my condo in 2020. Can I still file a claim?

Yes. Former owners during the class period qualify and should use their current mailing address for payment delivery.

6. Will I have to pay taxes on my settlement payment?

Settlement payments may be taxable income. Consult a tax professional about your specific situation. This settlement doesn’t provide tax advice.

7. What happens if not all the settlement money is claimed?

Any unclaimed funds typically remain in the settlement fund and may be redistributed to valid claimants on a pro-rata basis, distributed to cy pres recipients, or returned to defendants as specified in the settlement agreement.

8. Can I appeal if I disagree with my payment amount?

The settlement administrator’s determination of shares and payment amounts is typically final. However, you can contact them to report calculation errors or missing documentation.

9. Are the environmental improvements guaranteed?

Yes. The settlement legally requires defendants to implement specified remedial measures at Claremont Terminal, independent of whether class members cash their settlement checks.

10. What if I owned multiple units at Port Liberté?

You can file separate claims for each eligible unit you owned or leased during the class period. Each unit receives its own share allocation.

11. Do I need a lawyer to file my claim?

No. The claim process is designed for individuals to complete without legal representation. However, if you have complex ownership situations, you may want to consult an attorney.

12. How do I check if my claim was received?

After submitting your claim, you should receive confirmation. If you don’t receive confirmation within 2 weeks, call 877-206-2311 or email [email protected] to verify receipt.

Contact the Settlement Administrator

Port Liberté Settlement c/o JND Legal Administration PO Box 91232 Seattle, WA 98111

Phone: 877-206-2311 Email: [email protected] Website: portlibertesettlement.com

Important Reminders

• Claim Deadline: May 26, 2026 (paper claims must be postmarked by this date)
• Opt-Out Deadline: May 4, 2026
• Objection Deadline: May 4, 2026
• Final Approval Hearing: May 22, 2026
• No Filing Fees: Claims are completely free to submit

These deadlines may be moved, canceled, or otherwise modified, so please check this site regularly for updates.

Disclaimer: This article provides general information about the Simsmetal East pollution class action settlement and is not legal or tax advice. For specific questions about your situation, consult a qualified attorney or tax professional. Settlement terms are subject to court approval, and all information is based on publicly available court documents and the official settlement website as of February 16, 2026.

Last Updated: February 16, 2026

About the Author

Sarah Klein, JD, is a licensed attorney and legal content strategist with over 12 years of experience across civil, criminal, family, and regulatory law. At All About Lawyer, she covers a wide range of legal topics — from high-profile lawsuits and courtroom stories to state traffic laws and everyday legal questions — all with a focus on accuracy, clarity, and public understanding.
Her writing blends real legal insight with plain-English explanations, helping readers stay informed and legally aware.
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