A federal judge has ruled that Suffolk County Water Authority’s lawsuit against several chemical manufacturers over 1,4-dioxane contamination will move forward to trial, clearing a major hurdle in SCWA’s effort to hold polluters accountable for contaminating Long Island’s drinking water.
SCWA filed the lawsuit in 2017 against The Dow Chemical Company, Legacy Vulcan LLC, and Vibrantz Corporation (formerly Ferro Corporation), alleging the companies manufactured and sold chemicals they knew would reach and pollute groundwater when used as intended. This was the first case in the country in which a public water provider sued a manufacturer over 1,4-dioxane contamination.
The case was filed on the same day as SCWA’s lawsuits against the manufacturers of PFAS, including 3M and DuPont. SCWA received its first award from the 3M settlement shortly in that separate litigation.
“This ruling keeps us on course to have our day in court and hold the polluters accountable,” said SCWA Chairman Charlie Lefkowitz. “We stepped forward first to take action because we knew the long-term cost of inaction would fall on our customers and that was unacceptable.”
1,4-dioxane is a synthetic industrial chemical classified by the U.S. Environmental Protection Agency as a likely human carcinogen. It was widely used as a stabilizer in industrial solvents and has been detected in SCWA’s wells. Once released into the environment, it spreads quickly through groundwater, resists natural breakdown and is costly to remove.
SCWA has led the way in developing and deploying Advanced Oxidation Process (AOP) systems to treat 1,4-dioxane in New York State. AOP systems, which use a combination of ultraviolet light and hydrogen peroxide to break down the contaminant, are the only proven technology for destroying 1,4-dioxane from drinking water. SCWA currently operates 19 AOP systems—more than any other water provider in the state.
While effective, AOP treatment is expensive to operate due to the high cost of electricity and continuous chemical input.
“Our mission is to deliver high quality water, but treating 1,4-dioxane comes with significant, long-term costs,” said SCWA CEO Jeff Szabo. “This case is about making sure those responsible for contaminating our aquifer, not our customers, pay for the damage.”
The court’s decision rejected the defendants’ attempt to have the case dismissed, allowing SCWA’s claims to move toward trial, anticipated this fall
Outside counsel for SCWA are Sher Edling LLP, and Hausfeld LLP. Sher Edling partner Matt Edling added, “"SCWA deserves a lot of credit for being the first to step up to this important fight. We are proud to assist them in their efforts to protect their community and restore their damaged drinking water supply."
To view the original complaint, click [here].
To view the judge’s decision, click [here].
About SCWA:
The Suffolk County Water Authority is an independent public-benefit corporation operating under the authority of the Public Authorities Law of the State of New York. Serving high-quality drinking water to approximately 1.2 million Suffolk County residents, SCWA operates without taxing power on a not-for-profit basis.