Niagara Falls community members are calling for full remediation and chemical testing at Love Canal and the surrounding area.
The New York State Department of Environmental Conservation and Department of Health have claimed to be repeatedly denied access to test private property in the area. But that same level of consent isn’t needed to access public property around Love Canal.
The inaction by state officials shows a lack of regard for human lives, said Niagara Falls resident Luella Kenny, who is one of the original Love Canal residents and has a medical background working for Roswell Cancer Center.
“Would you keep your child in a house in a situation like that? I don't. I certainly wouldn't, given the experience I had," she said. "Compounding mistakes and not addressing these problems will not make them go away. Obviously, human lives are in danger. However, the stance of the DEC is clear, they do not want to devalue the property.”
Kenny's son died from cancer during the original Love Canal event decades ago.
DEC and DOH have been directed to gather data and sampling to gauge the level of contamination, and the state will continue to explore remediation measures, said Ken Lovett, Governor Kathy Hochul’s senior communications advisor on Energy and Environment.
Residents are filing an administrative petition, in hopes it will generate a faster result from state agencies, Environmental Lawyer Christen Civiletto said.
Part of the petition also includes a request to relocate Jocelyn and Dan McKiernan, and their three sons.
Lovett, as well as DEC and DOH, say the family has not provided access to test on their property, but Civiletto contends that the McKiernans just want to ensure they are relocated before testing happens.
"They have to be removed from the house before they can come in and tear up the yard and do testing throughout the entire house," she said. "That is a reasonable request. That's not a denial of access."
She adds that Dan McKiernan did sign a property access form in August.
Samples taken to date from the McKiernan property on 99th Street "do not appear to be connected to Love Canal wastes," according to a written statement from the DEC.
