Eagan recycling plant sued over children's alleged lead exposure

New accusations surrounding pollution problems at a battery recycling plant in Minnesota. An attorney says lead migration from Gopher Resource in Eagan poisoned some kids connected to workers.

At least five lawsuits have been filed on behalf of kids ages 2 to 9 living with current or former employees of Gopher Resource. They allege inadvertent take-home lead is poisoning kids.

Over the past year, those who live near Gopher Resource have continued to advocate for the safety of their community after learning the battery recycling plant exceeded lead air quality standards over the course of three months in 2025.

The lawsuits involving kids are a new issue, says attorney Mike Fuller. 

"The cases that we've actually filed all involve minors, very young individuals who've been exposed from a very young age that have tested with repeated elevated blood lead levels, mainly from drag-out from the employees. Their father, their mother, another family member that may work at the plant," Fuller said.

Fuller alleges in a complaint involving a 4-year-old boy that the child was "unwittingly exposed to hazardous substances" and "continues to suffer serious personal injuries due to Defendants' deliberate intentional, negligent and/or reckless operation of their Eagan Facility."

It goes on to say lead, lead dust and other hazardous substances escaped the facility, saying workers didn't know they carried it with them.

The complaint also stated that Gopher "intentionally failed to provide a safe work environment, adequate protective equipment, and hygiene methods to prevent Hazardous Substance exposure to the workers and their family members." 

The Centers for Disease Control and Prevention says there's no safe level of lead in kids.

"Suffering from this lead exposure. We're not going to know the full extent, obviously, of his damages because he's still so young. But we know there's going to be significant damages because of the levels of lead that he has in his system," Fuller said.

Fuller provided a 2024 lead risk assessment conducted by the state health department. It's noted in the lawsuit and reveals MDH ruled out "traditional environmental sources" of lead. It found elevated lead on work shoes, cell phones and in the car.

"Items that traveled between the Eagan Facility and the employee's home each day," the assessment said.

When asked if Fuller believes kids are still being exposed to take-home lead, he replied, "No question. No question. I haven't seen anything that Gopher has done to prevent this going forward." 

Gopher Resource told WCCO in part, "Nothing is more important than protecting the health and well-being of our employees, our neighbors, and the environment. We have long maintained comprehensive health, hygiene, training, and safety programs throughout our facility including protocols designed to prevent lead from improperly leaving the facility."

"Understand some of our clients are still employed there. Takes a very brave person to sue your employer, but when it's impacting their kids, the families aren't going to tolerate this going forward," Fuller said. 

He went on to say he wants "Gopher to be a responsible company. Want them to take responsibility for the damage they've done and fix the issue going forward."

Fuller also filed a new class action lawsuit filed on behalf of community members living within a mile of the plant in Eagan. It pertains to alleged property damage, and seeks cleanup and monetary compensation for damages.

Here's the full statement from Gopher Resource regarding both issues:

"We are aware of a set of lawsuits that were recently filed by the same plaintiff's attorney as in the settled class action and predominantly involve individuals who are currently participating in that action.  As part of the court-approved settlement in that matter, an independent Special Master is continuing to evaluate and administer claims through the process established by the court.  We believe these newly filed lawsuits, which repurpose claims previously made, are legally and factually flawed, and we intend to defend them vigorously through the judicial process.

"For 80 years, Gopher Resource has been part of the Eagan community, providing critical environmental services through the safe recycling of lead batteries.  The health and safety of our employees, our neighbors, and the environment remain our highest priorities.  We continue to invest significantly in workplace safety, environmental controls, and regulatory compliance, and we remain committed to operating responsibly in the communities we serve and fulfilling our commitments to our personnel, customers and the community.

"At Gopher Resource, nothing is more important than protecting the health and well-being of our employees, our neighbors, and the environment. This commitment drives a culture of continuous improvement and accountability across our organization. We have long maintained comprehensive health, hygiene, training, and safety programs throughout our facility including protocols designed to prevent lead from improperly leaving the facility.  We routinely strengthen those programs through ongoing resource allocation, rigorous evaluation, and process enhancements. Our goal is not simply to meet regulatory requirements, but to go beyond them.

"The significant investments we have made in employee health, safety, environmental stewardship, and operational excellence have delivered measurable, long-term results. Our key measures continue to reflect exceptional performance with strong health, safety and environmental outcomes including the ambient air monitoring around our facility which has consistently measured well below applicable regulatory standards."