Suffolk water authority sues battery plant developer over alleged water contamination

The Suffolk County Water Authority has filed a federal lawsuit against the owners of a utility-size battery energy storage facility in East Hampton, charging the energy companies contaminated nearby water wells in their effort to suppress a 2023 thermal-runaway fire at the plant.

Discovery of toxins in nearby water wells allegedly from the battery fire has forced the authority to shutter two Bridgehampton wells at the height of the Hamptons peak season, and will result in millions of dollars in expenses to treat or replace the wells, according to the suit filed in U.S. District Court in Central Islip on Friday. 

The water authority shut down the wells after toxic, so-called forever chemicals associated with water runoff from the fire suppression effort migrated from the plant, according to the suit. The wells are 2,500 feet south of the Cove Hollow Road battery facility, which has been rebuilt and back in operation since July 2024.

The suit names as defendants the East Hampton Battery Storage Center, which is owned by National Grid and NextEra, and LG Energy Solution, a large South Korean maker of the batteries. LIPA, which buys energy from the plant under a $55 million multiyear contract and hosts the facility on one of its substations, is not a named defendant.

Spokespersons for the companies didn’t immediately respond to requests for comment.

Tests by the water authority have shown contaminants associated with the battery storage facility in the wells, including PFPrA, a per- and polyfluorinated alkyl substance (PFAS), at levels that exceed the 50 parts per billion New York State standard, according to the suit, which notes that other PFAS constituents also may be found as the authority continues its investigation.

The authority’s equipment doesn’t currently filter for the specific type of PFAS toxins introduced from the battery storage facility, the suit noted, resulting in the wells' shutdowns. "Any loss of production from the Bridgehampton wells seriously impedes the authority’s ability to satisfy peak day demand in that pressure zone and could prevent the authority from meeting the state-mandated minimum water pressure in its distribution system," the suit added.

The water authority’s suit stands in contrast with Gov. Kathy Hochul’s declaration in 2023 that state investigations of fires at the East Hampton site and two other battery facilities did not introduce toxins of health concern into the environment. "Thankfully, the ... analysis shows no notable lasting impacts on the health or safety of the first responders or the communities they serve," Hochul said in a statement following release of a report.

The Hochul administration on Tuesday issued a statement in response to Newsday questions, saying: “While we cannot comment on pending litigation, immediately upon becoming aware of the situation, the governor reconvened the interagency fire safety working group. In addition, the state Departments of Health and Environmental Conservation are investigating any potential impacts to water quality.”

The 29-page water authority complaint alleges that the 2023 fire caused a thermal-runaway event that led battery casings to open and release their contents. The authority is seeking repayment of expenses tied to the contamination and its impacts, plus legal costs.

"Large amounts of water applied to fight the fire ran off of the facility and onto the dirt road and undeveloped area south of [the storage center], conveying chemicals from the batteries along with it," the suit alleges, estimating that 2.2 million gallons were used to put down the fire. "The contaminated fire suppression water percolated into the ground and transported [battery] contaminants to the groundwater, through which [the battery center’s] contaminants migrated to wells in the [water] authority’s Bridgehampton Road well-field."

Newsday in 2023 reported that the state investigation and report of the fires at three battery storage plants across the state and their aftermath raised more questions for local municipalities than they answered. Local officials pointed to delays in testing of soil samples in East Hampton and a testing company’s initial inability to test for lithium-ion constituents. The state Department of Environmental Conservation didn’t test groundwater samples because soil samples were inconclusive.

As a result, NextEra declared it was "apparent that there are no adverse impacts to the soils as a result of the battery fire discharge water," and both National Grid and NextEra "recommend no further investigation or remedial activities." They requested the state change the status of the spill to "closed," which it has been since 2024.

The lawsuit comes as New York State prepares to announce the latest round of battery energy storage contracts for dozens of facilities across the state, Newsday has reported, including 11 proposed for Suffolk County alone. All the Suffolk proposals would use lithium ion technology.

State officials and battery industry advocates say that battery energy storage facilities have greatly reduced the likelihood of fires with containerized designs that can limit exposure and new state standards that require peer-reviewed studies of each new facility.

The water authority in the suit noted it’s investigating two options to replace water normally generated from the contaminated wells, "both of which come at considerable expense."

It is investigating installing and operating treatment equipment to remove battery contaminants from water pumped from the Bridgehampton wells or installing replacement wells of "comparable capacity in an area close enough to Bridgehampton to maintain pressure and supply in the distribution system and far enough away to avoid contamination" from the battery center plume.

It's unclear whether private wells in the area were impacted by the plume from the battery center and whether private residents have been notified. East Hampton Town, in a statement, said it was "actively coordinating" with the water authority, Hochul's office and Suffolk County Executive Edward P. Romaine, "and will keep residents fully informed as this situation develops.”

Suffolk County Water Authority spokesman Daniel Dubois said the authority took the first water well in Bridgehampton out of service after discovering toxins on April 14; the second was taken out of service May 8. Two other wells for the region are on "restricted use," he said. 

Romaine on Tuesday said he had ordered his Department of Health Services yesterday to drill wells around the battery facility in East Hampton to test the extent of a possible plume.

By Mark Harrington

mark.harrington@newsday.comMHarringtonNews

Mark Harrington, a Newsday reporter since 1999, covers energy, wineries, Indian affairs and fisheries.