An Ivy City family filed a lawsuit against chemical products manufacturer National Engineering Products, Inc., for the harm and health problems caused by its toxic fumes. Shawn Scott and her children, represented by Legal Aid DC, live next door to the plant, which has been pumping dangerous pollutants into the community of Ivy City in Northeast DC for nearly 90 years. 

The lawsuit, filed on June 16, asks the D.C. Superior Court to order National Engineering Products, Inc. (NEP) to stop producing and storing toxic chemicals and seeks punitive damages and compensation for the Scott family. 

 "Ms. Scott and her family deserve justice for what they’ve endured and the long-term impact on their health,” said Phylicia Hill, Director of Impact Litigation at Legal Aid DC. “This is also bigger than just one family — it's about racial and environmental justice in one of the District’s most cherished Black communities, where generations of residents have felt the effects of industrial pollution.”

Ivy City-based advocacy organization Empower DC and residents have mobilized against NEP’s continued operation and raised awareness about its impact on their physical and mental health, economic futures, and quality of life.  

NEP opened in Ivy City in 1937, long before modern environmental and air pollution laws were in place — allowing it to avoid meeting the standards that exist today. Discriminatory zoning laws also allowed industrial facilities like NEP to set up shop in the historic, predominantly Black, Ivy City community. And despite attention from members of the DC Council, the District doesn’t currently have a local law that could curtail NEP’s emissions. 

Nearby residents have long complained about a foul odor coming from the area and feared the effects on their health, but only recently were they able to pinpoint NEP as the source. When Ms. Scott bought her home in 2011, she had no idea that the one-story brick building she'd be sharing a wall with was a chemical manufacturing facility. But she soon noticed a pervasive smell of burning rubber and later learned at a community meeting that it was coming from NEP.  

NEP produces adhesive sealants sold to the U.S. Navy for uses including securing fittings on high-powered ship engines and fireproofing electrical systems. The highly flammable and corrosive product Copaltite, for example, is made by mixing formaldehyde and other chemicals in an open vat. A 2015 safety report from NEP listed several serious side effects from Copaltite, including cancer, genetic defects, organ damage, burns, eye damage, and respiratory irritation.

Ms. Scott's lawsuit claims that the pollution from NEP has caused health issues for her and her six children, including worsening asthma, headaches, nosebleeds, and shortness of breath. Her two youngest, who have lived in the home their entire lives, show signs of learning disabilities. The lawsuit also says that the company has done little to mitigate the potential harm to the surrounding residential area. A vent on NEP’s roof lets out exhaust fumes directly into two of the Scott kids’ bedroom window. And in 2018, a fire at the plant put Ms. Scott in the hospital for smoke inhalation and left smoke damage and chemical residue on the walls of their home.  

“When the building next door is letting off dangerous chemicals, where are my children safe? I’m afraid to let them play outside with the air pollution, but I know it’s also a risk for them to stay in their own home,” Ms. Scott said. “For everyone's health, we need these toxic chemicals out of our community.”  

Ms. Scott is the first resident to bring a civil suit against NEP for its operations in Ivy City, and her complaint claims private and public nuisance, trespass, strict liability, battery, and negligent infliction of emotional distress against NEP. 

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