PFAS and Their
Statute of Limitations in Toxic Tort Cases: CPLR
The Emerging Crisis
Implications for Landfills
214-f and Beyond
of PFAS Exposure
NYSASWM Newsletter
Paul Napoli and Michelle Greene, New York Law Journal
The New York Law Journal
March 1, 2019
January 9, 2019
October 6, 2017
ENVIRONMENTAL LITIGATION
Clean Water Act (“CWA”), which prohibits the discharge of pollutants, contains a citizen suit provision (33 U.S.C.
Cities, counties and municipalities have also been taking action against corporations for the environmental violations and damage they have caused. The Federal statutory scheme as well as common law provides various mechanisms for cities, towns and municipalities to seek redress for the significant costs of environmental clean-up and other costs they have expended as a result of dumping and other environmental violations by guilty corporations. For example, RCRA (the Resource Conservation and Recovery Act) specifically allows a plaintiff, including cities, counties and municipalities to seek to compel the defendant corporation to clean up pollution, including by means of providing for injunctive relief and abatement of polluting activities. The CERCLA law, or the Comprehensive Environmental Response, Compensation, and Liability Act, allows plaintiffs to seek
§ 1365(a)(1)), which allows “any citizen” (including cities, counties and municipalities) to commence an action against “any person” (including corporations) to seek injunctive relief and recover damages caused by the discharge of the hazardous substances. Recourse is also available under common law, including under theories of (i) strict liability, applicable where a corporation conducts an “abnormally dangerous” activity (in which case the corporation can be held liable despite having exercised all possible care); (ii) public nuisance, which provides for recovery for activities such as the contamination of an aquifer or other natural resources, or noise or air pollution; and (iii) trespass, which is applicable where contaminants invade land or resources held by local governments.
to recover costs incurred in removing hazardous wastes
Local governments have used these various mechanisms
and repairing contaminated sites. In addition, the
of seeking relief for environmental contamination and
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