A key court hearing in the Union Pacific contamination lawsuit is set for Thursday, as residents and attorneys push to expand the case.
The hearing is scheduled for 1:30 p.m. April 23 at the U.S. Courthouse, 401 N. Market in Wichita, where a judge will consider whether the lawsuit should move forward as a class action.
If approved, the case could represent a larger group of homeowners in northeast Wichita affected by groundwater contamination tied to a rail yard near 29th and Grove.
Community leaders and attorneys are urging residents — both current and former — to attend, saying a strong turnout could demonstrate how widespread the impact has been.
It’s unclear whether the judge will make a final decision Thursday, but the hearing marks a major step in the case.
What the Lawsuit Originally Claimed
The lawsuit was filed in October 2023 by Wichita residents Faye Black and Jeannine Tolson, who are seeking damages on behalf of themselves and others living in the affected area.
They are represented by attorneys including Chris Nidel of the Maryland-based firm Nidel & Nace, along with local counsel.
The lawsuit accuses Union Pacific of:
- Negligence in preventing groundwater contamination and notifying property owners of the spill
- Causing a nuisance by contaminating private residential properties
- Trespassing of the contaminants onto neighboring properties
- Violating the state’s law around discharging of pollutants
- “Unjustly” enriching themselves by avoiding the costs of “lawful” disposal and remediation of the contamination
Attorneys argue the contamination has lowered home values and created long-term concerns for residents.
What the Court Has Already Decided
Union Pacific asked the court to dismiss the case, and in 2024, a federal judge issued a split ruling.
The judge dismissed most of the claims, including negligence, nuisance, trespass and unjust enrichment — not because the contamination didn’t happen, but because Kansas law limits how long people have to file those types of claims.
Since the spills occurred decades ago, the court ruled it was too late to bring those claims, even though many residents say they only recently learned about the contamination.
However, one key part of the case remains.
The judge allowed the claim involving violating the state’s law around discharging pollutants to move forward — meaning the case is now focused specifically on whether Union Pacific is legally responsible for releasing hazardous chemicals into the environment.
That claim is what keeps the lawsuit alive today.
What Happens Next
Thursday’s hearing will determine whether the case can proceed as a class action — a decision that could significantly expand who is included.
For residents, the outcome could determine whether the case remains limited to a few individuals or becomes a broader legal effort representing an entire community.
Organizers say showing up matters.
Their message: be present, be counted, and make sure the court understands how many people may have been impacted.
