In March 2019, we posted about the strategy behind the Long Island water districts’ 1,4-dioxane litigations against major manufacturers—and then in October 2019, we followed that post with another report on the increasing number of those suits , which became the subject of a 12(b)(6) motion to dismiss. These suits filed by public water suppliers seek to recover costs against major manufacturers and promoters of the chemical for the design, construction, installation, operation, and maintenance of water treatment facilities and equipment required to remove …Continue Reading
Earlier this year, Environmental Law Monitor posted about 1,4-dioxane litigations filed in the U.S. District Court for the Eastern District of New York. These litigations followed on the heels of the Suffolk County Water Authority’s (SCWA) 2017 watershed action concerning drinking water contamination. Almost two years removed from the SCWA action, it appears that at least 27 Long Island water districts have filed actions (with three new filings this month), mostly following in line with the litigation strategy developed by SCWA. If you recall, …Continue Reading
New York continues to strengthen its regulatory approach to 1,4-dioxane. Last month, the state Department of Health adopted the nation’s first maximum contaminant level (MCL) for 1,4-dioxane in drinking water, The regulation is working its way toward implementation and is now in the public comment period. Following assessment of public comments, the proposed regulation will either be revised or submitted for adoption by the Public Health and Health Planning Council. The regulation will then go into effect upon publication of a Notice of Adoption in the New …Continue Reading
On June 28, 2019, the EPA released its draft risk evaluation for 1,4-Dioxane. The EPA’s initial determination was that 1,4-Dioxane poses no unreasonable risks to the environment and no unreasonable risks to occupational non-users. However, the EPA also concluded that the chemical presents unreasonable risks to workers in certain circumstances. The same day, the California Department of Toxic Substances Control held a public workshop on 1,4-Dioxane risks, and the department is actively considering further regulation. Just two days earlier, the New York legislature approved a …Continue Reading
This blog frequently addresses emerging contaminants, most prominently the PFAS compounds and 1,4-dioxane. As these chemicals become more notorious through testing, regulation, and public scrutiny, they’ll likely become more prolific factors in the purchase and sale of real estate. As our readers know, PFAS is almost ubiquitous: it is nearly everywhere (in varying concentrations). As we continue to report on other contaminants, like 1,4-dioxane, it appears the trend is to continue to elevate the focus on these chemicals. So, how should a prospective purchaser, and …Continue Reading
Testing conducted by the group Citizens Campaign for the Environment, which is purportedly pushing for a New York state ban on 1,4-Dioxane in household products, has found the chemical at various levels in “65 of 80” commonly used (and commonly disposed of) high-end and less expensive personal care and detergent products. In conjunction with an uptick in 1,4-Dioxane litigation, these new studies likely provide lawyers, litigants, and other concerned parties a hint at what’s to come.
As a refresher, 1,4-Dioxane is a synthetic industrial …Continue Reading
New problems often necessitate new solutions. In the world of toxic torts and environmental liability, advances in remediation techniques are constantly being developed to alleviate the sometimes unavoidable, questionable, and/or nascent effects of innovation, manufacturing, and commerce. One emerging contaminant causing a stir is 1,4-dioxane — a flammable liquid with a variety of industrial applications, such as the manufacture of adhesives, sealants, and other chemicals. It is used in paint strippers, dyes, greases, varnishes and waxes, and it can be found in antifreeze, aircraft de-icing …Continue Reading