Environmental safety is a critical area of regulatory oversight, with toxic exposure cases frequently leading to mass tort claims. This section provides updates on EPA policies, environmental litigation, and safety regulations that impact claims involving toxic contamination and pollution.
Recent EPA Regulatory Actions
1. Proposed Ban on Trichloroethylene (TCE)
In October 2023, the Environmental Protection Agency (EPA) proposed a ban on the use of trichloroethylene (TCE), a solvent linked to cancer and neurological disorders. The regulation introduces compliance timeframes and workplace safety measures until full prohibitions take effect.
Legal Impact: Communities exposed to TCE may be eligible to join mass tort cases, especially where companies have violated existing safety standards.
2. PFAS Contamination Legal Developments
The EPA has tightened regulations on per- and polyfluoroalkyl substances (PFAS), commonly known as “forever chemicals.” A recent lawsuit filed against Chemours alleges that its West Virginia plant has been releasing toxic PFAS into the Ohio River. The case highlights growing regulatory scrutiny of companies responsible for PFAS pollution.
Legal Impact: As new standards emerge, ongoing PFAS litigation may expand, potentially increasing settlement values and the number of eligible plaintiffs.
New Environmental Health and Safety Guidelines
Federal and state agencies have introduced updated health and safety guidelines aimed at preventing toxic exposure in workplaces and communities.
Recent changes include:
- Enhanced chemical monitoring programs for industrial sites.
- Expanded reporting requirements for hazardous materials storage and disposal.
- Stricter emission controls for pollutants linked to respiratory illnesses and cancer.
Key Regulatory Agencies and Policies
Several regulatory bodies oversee environmental safety and toxic exposure issues relevant to mass tort cases:
- Environmental Protection Agency (EPA) – Enforces environmental laws, monitors toxic releases, and sets contamination cleanup standards.
- Occupational Safety and Health Administration (OSHA) – Regulates workplace safety, including protection from chemical exposure.
- National Institute for Environmental Health Sciences (NIEHS) – Provides research and guidelines on the health effects of environmental toxins.
Significant Mass Tort Cases Related to Environmental Exposure
Regulatory updates often drive mass tort litigation around toxic exposure. Notable cases include:
- Camp Lejeune Water Contamination – After decades of exposure to contaminated water, military families and veterans have filed mass tort claims seeking compensation for cancer and other illnesses.
- East Palestine Train Derailment – A lawsuit alleges that toxic chemicals released during a 2023 train derailment have caused ongoing health problems for residents of East Palestine, Ohio.
How Regulatory Changes Affect Toxic Exposure Litigation
Environmental regulatory changes can strengthen mass tort claims by:
- Providing evidence of negligence when companies fail to meet updated safety standards.
- Defining new legal thresholds for what constitutes “safe” levels of exposure to hazardous substances.
- Establishing clear remediation protocols that plaintiffs can use to support their claims for damages.
