Historically, the water quality in Pittsburgh\u2019s rivers suffered due to domestic and industrial pollution.[3]<\/a> In a city situated by numerous bodies of water, such extensive pollution greatly impacted locals.[4]<\/a> Despite its environmental shortcomings of the past, Pittsburgh has made great strides in cleaning its local bodies of water.[5]<\/a> Although these efforts are ongoing, environmental groups, like Three Rivers Waterkeeper, help maintain clean waters in Pittsburgh.[6]<\/a><\/p>\n An emerging threat to the quality of Pittsburgh\u2019s waters are nurdles.[7]<\/a> Nurdles are a small, spherical plastic pollutant.[8]<\/a> While nurdles\u2019 appearances may vary, their presence in the water and surrounding sediment are always alarming. The frequency with which the nurdles are harvested from the water and banks of Pittsburgh bodies of water, indicates the severity of the problem.[9]<\/a> While patrolling the Racoon Creek and the surrounding waterways, numerous nurdles were found in the water, as well as throughout the soil.[10]<\/a> The Styropek facility has the capacity to produce 124,000 tons of nurdles.[11]<\/a> Not only does the plastic not degrade in the rivers, but it also attracts other chemicals.[12]<\/a> Additionally, it can be a significant threat to the wildlife if consumed.[13]<\/a><\/p>\n While DEP sought to enforce state environmental law[19]<\/a>, PennEnvironment, Inc. and Three Rivers Waterkeeper filed a complaint in the United States District Court in the Western District of Pennsylvania.[20]<\/a> The plaintiffs initiated the action stating that Styropek, USA and its subsidiary BVPV Styrenics LLC continually violated the Clean Water Act by dispersing nurdles throughout Raccoon Creek and the Ohio River.[21]<\/a> Although the DEP was not an initial party to the lawsuit, it did file a motion to intervene on August 19, 2025, which was granted by the court.[22]<\/a><\/p>\n Although the lawsuit was initiated in December 2023, the parties began discussing settlement in May 2024.[23]<\/a> Between May 2024 and July 2025, a total of eight motions were granted to allow the parties to consider whether settlement was possible.[24]<\/a> While the final Motion to Stay was granted on July 30, 2025[25]<\/a>, the parties did not file a joint Motion to Approve Consent Judgement for the settlement until September 3, 2025.[26]<\/a><\/p>\n There were two major components to the settlement agreement.[27]<\/a> The first condition imposed upon Styropek requires substantial efforts to cease continued pollution including improvements to the plant\u2019s filter systems and more stringent monitoring.[28]<\/a> However, the financial portion of the settlement was more significant than the necessary efforts to better guard against pollution from the plant.[29]<\/a> Not only will Styropek pay $100,000 in civil penalties, it also must contribute $2.5 million to improvements in Racoon Creek and the Ohio River.[30]<\/a> Specifically, $2 million will be used to research nurdles presence in Racoon Creek and for any necessary clean up measures in the water and along the banks under the guidance of DEP.[31]<\/a>\u00a0 The remaining $500,000 coupled with any remaining funds from the $2 million following remediation, will \u201crestore, preserve, and protect water quality in the Raccoon Creek watershed\u201d by creating the Raccoon Creek Benefit Fund.[32]<\/a><\/p>\n While this settlement agreement is particularly advantageous to the environmental longevity of the Raccoon Creek and Ohio River watersheds, before the court may enter the suggested settlement, it must be reviewed for a 45-day period by the U.S. Department of Justice.[33]<\/a> Although the 45-day period has not concluded, this proposed settlement is already generating excitement about new methods to prevent pollution in Pittsburgh waters and beyond.[34]<\/a><\/p>\n [1]<\/a> Julie Grant, Plastic manufacture agrees to $2.6 million settlement for pollution in Ohio River tributary<\/em>, 90.5 WESA (Sept. 5, 2025), https:\/\/www.wesa.fm\/environment-energy\/2025-09-05\/styropek-plastic-pollution-settlement-raccoon-creek-ohio-river-nurdles.<\/p>\n [2]<\/a> Id.<\/em><\/p>\n [3]<\/a> Joel A. Tarr & Terry F. Yosie, Devastation and Renewal: An Environmental History of Pittsburgh and Its Region 64 (Joel A. Tarr, 2003) https:\/\/www.jstor.org\/stable\/j.ctt6wrc59.7?seq=1.<\/p>\n [4]<\/a> Id.<\/em><\/p>\n [5]<\/a> Maria Wheeler-Dubas, #bioPGH: Rolling Down the Rivers, Phipps Conservatory (May 20, 2021), https:\/\/www.phipps.conservatory.org\/blog\/detail\/biopgh-rolling-down-the-rivers.<\/p>\n [6]<\/a> Three Rivers Waterkeeper, About Us, Three Rivers Waterkeeper, https:\/\/www.threeriverswaterkeeper.org\/about-us (last visited Oct. 10, 2025).<\/p>\n [7]<\/a> Three Rivers Waterkeeper, 2024 State of Our Waters<\/em>, Three Rivers Waterkeeper (July 31, 2025), https:\/\/drive.google.com\/file\/d\/1zgtinHL9gmBzX5NroBGMSRWjdqXwEABy\/view.<\/p>\n [8]<\/a> Id.<\/em><\/p>\n [9]<\/a> \u00a0Id. <\/em><\/p>\n [10]<\/a> Complaint at 16-17, PennEnvironment, Inc. et al v. BVPV Styrenics, LLC et al, 2:23-CV-2067.<\/p>\n [11]<\/a> Id.<\/em> at 11.<\/p>\n [12]<\/a> Julie Grant, Plastic manufacture agrees to $2.6 million settlement for pollution in Ohio River tributary<\/em>, 90.5 WESA (Sept. 5, 2025), https:\/\/www.wesa.fm\/environment-energy\/2025-09-05\/styropek-plastic-pollution-settlement-raccoon-creek-ohio-river-nurdles.<\/p>\n [13]<\/a> Id.<\/em><\/p>\n [14]<\/a> Id. <\/em><\/p>\n [15]<\/a> Department of Environmental Protection, Shapiro Administration Requires Plastic Manufacturer to Pay $2.6 Million for Environmental Pollution in Beaver County<\/em>, Commonwealth of Pennsylvania, (Sept. 3, 2025), https:\/\/www.pa.gov\/agencies\/dep\/newsroom\/2025-09-03-shapiro-administration-requires-plastic-manufacturer-to-pay-2-6-million-for-environmental-pollution-in-beaver-county.<\/p>\n [16]<\/a> Id.<\/em><\/p>\n [17]<\/a> Julie Grant, Plastic manufacture agrees to $2.6 million settlement for pollution in Ohio River tributary<\/em>, 90.5 WESA (Sept. 5, 2025), https:\/\/www.wesa.fm\/environment-energy\/2025-09-05\/styropek-plastic-pollution-settlement-raccoon-creek-ohio-river-nurdles.<\/p>\n [18]<\/a> Department of Environmental Protection, Shapiro Administration Requires Plastic Manufacturer to Pay $2.6 Million for Environmental Pollution in Beaver County<\/em>, Commonwealth of Pennsylvania, (Sept. 3, 2025), https:\/\/www.pa.gov\/agencies\/dep\/newsroom\/2025-09-03-shapiro-administration-requires-plastic-manufacturer-to-pay-2-6-million-for-environmental-pollution-in-beaver-county.<\/p>\n [19]<\/a> Id.<\/em><\/p>\n [20]<\/a> Complaint at 1, PennEnvironment, Inc. et al v. BVPV Styrenics, LLC et al, 2:23-CV-2067.<\/p>\n [21]<\/a> Id. <\/em><\/p>\n [22]<\/a> Docket Proceedings at 35-36, PennEnvironment, Inc. et al v. BVPV Styrenics, LLC et al, 2:23-CV-2067.<\/p>\n [23]<\/a> Id. <\/em>at 15. \u00a0<\/em><\/p>\n [24]<\/a> Id.<\/em> at 15-29.<\/p>\n [25]<\/a> Id.<\/em> at 29.<\/p>\n [26]<\/a> Id.<\/em> at 37.<\/p>\n [27]<\/a> Department of Environmental Protection, Shapiro Administration Requires Plastic Manufacturer to Pay $2.6 Million for Environmental Pollution in Beaver County<\/em>, Commonwealth of Pennsylvania, (Sept. 3, 2025), https:\/\/www.pa.gov\/agencies\/dep\/newsroom\/2025-09-03-shapiro-administration-requires-plastic-manufacturer-to-pay-2-6-million-for-environmental-pollution-in-beaver-county.<\/p>\n [28]<\/a> Id.<\/em><\/p>\n [29]<\/a> Id.<\/em><\/p>\n [30]<\/a> Id.<\/em><\/p>\n [31]<\/a> Id.<\/em><\/p>\n [32]<\/a> Id.<\/em><\/p>\n![\"\"](\"https:\/\/i0.wp.com\/sites.law.duq.edu\/joule\/wp-content\/uploads\/2025\/10\/Screenshot-2025-10-30-at-11.35.58-AM.png?resize=740%2C708&ssl=1\")
![\"\"](\"https:\/\/i0.wp.com\/sites.law.duq.edu\/joule\/wp-content\/uploads\/2025\/10\/Screenshot-2025-10-30-at-11.35.50-AM.png?resize=740%2C488&ssl=1\")
While monitoring the Ohio River for nurdles in 2022 and 2023, Three Rivers Waterkeeper representatives found numerous nurdles in the water and on the banks.[14]<\/a> Further investigations conducted by DEP confirmed the presence of the nurdles throughout Styropek\u2019s plant in October 2022.[15]<\/a> Moreover, in December 2022 numerous plastic pellets were found downstream from the plant.[16]<\/a> Although the initial discovery was made while observing a different company\u2019s newly constructed plant, it was ultimately discovered the nurdles were finding their way into the Ohio River from Styropek\u2019s wastewater pipe.[17]<\/a>\u00a0 The DEP also found that pellets traversed the Styropek\u2019s site ultimately entering Racoon Creek from a stormwater outfall.[18]<\/a><\/p>\n