Sher Edling attorneys Anna Applebaum and Tim Sloane recently published an article in the American Bar Association’s Section on Environment, Energy, and Resources (SEER). Titled “Federal Judge Sends Proof of Regional Contamination to Jury in Novel 1.4-Dioxane Litigation,” the article’s summary reads:
- The U.S. District Court for the Eastern District of New York largely denied summary judgment, finding sufficient evidence for a jury to decide whether chemical manufacturers caused widespread 1,4-dioxane contamination in over 250 wells.
- The court endorsed plaintiffs’ use of a “mosaic of circumstantial evidence” (e.g.,widespread product use, commingling contamination, and market share data) rather than requiring separate proof of contamination at each impacted well.
- The decision relied on prior MTBE litigation, confirming that similar causation frameworks apply in large-scale groundwater contamination cases.
- This ruling provides a pathway for future environmental contamination lawsuits, making it easier for plaintiffs to pursue claims involving diffuse, widespread pollutants.
