New Jersey Sues Over Chemical Contamination

By Christian Wade | The Center Square contributor, The Center Square New Jersey

March 27, 2023

(The Center Square) — New Jersey has filed a lawsuit against Dow Chemical Company and others over allegations of widespread contamination of the state's drinking water by a potentially cancer-causing chemical.

The lawsuit, filed in state Superior Court, alleges the companies manufactured, sold and promoted products containing 1,4-dioxane for decades in the state despite evidence it was harmful to humans and animals.

Attorney General Matthew Platkin said the legal challenge seeks to force the companies to pay for the environmental havoc caused by the chemical contamination for more than a half century.
“If anyone threatens public health, contaminates our environment, or harms natural resources, the state of New Jersey is going to hold them accountable," he said in a statement. "The costs of cleaning up this forever chemical should be borne by the defendants in this lawsuit, not New Jersey taxpayers.”

The lawsuit, which requests a jury trial, alleges Dow, Ferro Corporation, and Vulcan Materials Company, along with other unnamed companies, knew the chemical was harmful and “would inevitably reach surface water and groundwater in substantial quantities, significantly pollute drinking water supplies, render drinking water unusable and unsafe, threaten the public health and welfare, and harm other natural resources.”

The lawsuit alleges that since the 1950s, the users of the chemicals "routinely disposed of waste solvents by pouring them onto the ground or into trenches for evaporation or burning” while the equipment that was supposed to prevent chemical spills regularly failed, "resulting in releases to surface and groundwater."

"Defendants at all times were or should have been aware of these practices and frequent equipment malfunctions and spills, and the likelihood of releases into the environment of solvents containing 1,4-dioxane," the complaint states.

Dow spokeswoman Rachelle Schikorra said the company is aware of the lawsuit but declined to comment on the pending litigation.

New Jersey has spent millions of dollars on testing and cleaning up contaminated wells and water supplies since the chemicals were first detected at a federal Superfund site.

The chemical compound, which over the years has been used in industrial solvents and consumer products, has been listed as an animal carcinogen for over 50 years and is classified by the U.S. Environmental Protection Agency as “likely carcinogenic to humans," according to the lawsuit.

The AG's complaint cites recent studies showing chemicals can also cause kidney and liver damage, among other adverse human health effects. Even at low levels, long-term exposure increases the risk of cancer.

The lawsuit asks a judge to force the companies to pay for investigation, cleanup, and regular monitoring for contamination of the chemicals in the state's drinking water and soil.
The AG’s office doesn’t specify a dollar amount in the litigation but said the cost to restore New Jersey’s groundwater is expected to be "substantial."

"For decades, these defendants misrepresented and failed to disclose the risks and consequences associated with using their products," said Cari Fais, acting director of the state Department of Community Affairs. "They must be held accountable for the harm to the public and the environment arising from their deceptive sales tactics and lack of transparency."

The focus of the work of The Center Square New Jersey is state and local-level government and economic reporting that approaches stories with a taxpayer sensibility.