Federal judge dismisses suit against Fort Myers for dumping toxic sludge

A federal judge has dismissed Fort Myers residents’ claims against the city for damages from a toxic landfill it dumped in their neighborhood over half a century ago.

The short answer for why the the judge granted the motion for dismissal on Monday: the city finally cleaned up the mess.

When Cape Coral attorney Ralph Brookes filed the suit on the residents’ behalf in 2018, “the sludge was still buried on the site,” U.S. Middle District Judge Sheri Polster Chappell wrote.

“Later that year, the city began excavating and removing it. And by summer of 2019, all the sludge was gone,” Chappell observed.