Environmental · claims and regulatory actions tied to 1,4-dioxane contamination in water, air, or consumer products
Defendant
The Dow Chemical Company
MDL / Track
See litigation status
Judge
Various
Plaintiffs
ACTIVE
Bellwether / Trial
No verdicts yet
Settlement Status
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Case overview
The EPA's November 2024 final risk determination under TSCA found 1,4-dioxane poses an "unreasonable risk" to human health, including cancer risks to the general population from drinking water exposure—marking the first time the agency has made such a finding for a chemical based on water contamination. Municipal water authority litigation is advancing in the Eastern District of New York, where Suffolk County Water Authority v. Dow Chemical Co., No. 2:17-cv-06980 (E.D.N.Y.), the first major public water provider case, has completed discovery and has fully briefed Daubert and summary judgment motions pending before Judge Nina Gershon and Magistrate Judge Roanne Mann. Twenty-six additional public water provider actions have survived motions to dismiss and are pending in the same district.
Causation Theory
EPA's 2024 final supplement to the risk evaluation identifies 1,4-dioxane as causing liver toxicity, nasal tissue damage, and cancer through inhalation, dermal, and oral exposure routes. The agency specifically found cancer risks to the general population from drinking water sourced from surface water contaminated by industrial discharges and consumer product releases. 1,4-dioxane's high water solubility and resistance to natural degradation enable long-distance groundwater migration, creating persistent contamination plumes. The chemical occurs both as an intentional industrial solvent and as a manufacturing byproduct in detergents, cosmetics, and chlorinated solvents.
Litigation status
The 1,4-dioxane litigation remains active in federal and state courts with no MDL established. The bellwether case Suffolk County Water Authority v. Dow Chemical Co., No. 2:17-cv-06980 (E.D.N.Y.), survives before Judge Nina Gershon and Magistrate Judge Roanne Mann, with Daubert and summary judgment motions fully briefed as of May 2024 and trial prioritized. The Fifth Circuit extended a 90-day stay in Union Carbide Corp. v. EPA, No. 24-60615 (5th Cir.), on September 30, 2025, pausing TSCA challenges to EPA's revised risk evaluation.
State Court Activity
Active litigation in NC (Cape Fear Public Utility Authority steering committee formed 2025; environmental complaints filed in Asheboro); NJ state action (NJDEP v. manufacturers, March 2023); NY (Town of Hempstead, $55M treatment costs); MA; SC; CA; MI (Ann Arbor plume litigation)
Geographic exposure
EPA 2024 TSCA final risk evaluation confirms unreasonable risk to general population including fenceline communities; 21.92% of tested public water systems nationally contaminated per 2025 monitoring data; 31 Superfund sites with documented presence; no federal MCL — state patchwork creates litigation forum shopping opportunities
Suffolk County Water Authority v. Dow Chemical Co., Case No. 2:17-cv-06980 (E.D.N.Y.), Judge Nina Gershon/Magistrate Judge Roanne Mann — first major public water provider suit, 1.2 million residents served, 26 follow-on actions pending; NY MCL 1 ppb; $90M state funding allocated August 2025 for water upgrades
River concentrations hit 813 ppb, impacting 900,000+ residents; state health targets urged September 2025; textile factories and chemical production sites identified as sources
194 of 1,539 public water wells tested (2009-2019) exceeded 1 µg/L notification level — 162 in Los Angeles County, 29 in Orange County; response level 35 µg/L for removal from service
0.33 ppb MCL; NJDEP and Attorney General enforcement actions against chemical manufacturers for 1,4-dioxane contamination
0.3 µg/L advisory — lowest guidance level nationally; non-enforceable but drives remediation orders
7.2 µg/L groundwater cleanup criterion; industrial regions with legacy solvent contamination
EPA-directed PRP investigations for 1,4-dioxane in drinking water/groundwater; May 2022 enforcement precedent
3 µg/L clean-up/action level; active remediation framework
Key defendants
The Dow Chemical Company
Role: Manufacturer
Core defendant in SCWA v. Dow, 2:17-cv-06980 (E.D.N.Y.); Daubert and summary judgment motions pending before Judge Gershon. Lost federal-officer removal bid in New Jersey v. Dow Chemical Co., 2025 WL 1646963 (3d Cir. June 11, 2025); remanded to state court. Faces parallel consumer fraud and natural resource damages claims in N.J. Superior Court.
Ferro Corporation
Role: Manufacturer
Named alongside Dow in New Jersey's 2023 state-court action for 1,4-dioxane contamination; alleged co-manufacturer of the chemical from 1950s-1990s. No reported removal activity or dispositive motion rulings.
Vulcan Materials Company
Role: Manufacturer
Defendant in New Jersey state-court suit; alleged manufacturer of solvents containing 1,4-dioxane. Consumer fraud and natural resource damages claims pending. No federal-court activity reported.
| Defendant | Role | Intelligence Note |
|---|---|---|
| The Dow Chemical Company | Manufacturer | Core defendant in SCWA v. Dow, 2:17-cv-06980 (E.D.N.Y.); Daubert and summary judgment motions pending before Judge Gershon. Lost federal-officer removal bid in New Jersey v. Dow Chemical Co., 2025 WL 1646963 (3d Cir. June 11, 2025); remanded to state court. Faces parallel consumer fraud and natural resource damages claims in N.J. Superior Court. |
| Ferro Corporation | Manufacturer | Named alongside Dow in New Jersey's 2023 state-court action for 1,4-dioxane contamination; alleged co-manufacturer of the chemical from 1950s-1990s. No reported removal activity or dispositive motion rulings. |
| Vulcan Materials Company | Manufacturer | Defendant in New Jersey state-court suit; alleged manufacturer of solvents containing 1,4-dioxane. Consumer fraud and natural resource damages claims pending. No federal-court activity reported. |
Timeline
ATSDR Publishes Health Risk Assessment
Agency for Toxic Substances and Disease Registry (ATSDR) and federal health agencies publish information identifying cancer risks and other health hazards associated with 1,4-dioxane exposure.
EPA Designates 1,4-Dioxane for TSCA Risk Evaluation
EPA designates 1,4-dioxane for risk evaluation under amended TSCA, alongside nine other chemical substances, initiating multi-year regulatory review process.
Suffolk County Water Authority Files First Major Water Provider Suit
Suffolk County Water Authority v. The Dow Chemical Company et al., Case No. 2:17-cv-06980 (E.D.N.Y.), filed before Judge Nina Gershon and Magistrate Judge Roanne Mann. First major lawsuit by public water provider for 1,4-dioxane contamination; 26 subsequent copycat filings follow in E.D.N.Y.
E.D.N.Y. Denies Motion to Dismiss in SCWA Litigation
In Suffolk County Water Authority litigation, defendants' motion to dismiss denied on all but one claim. Fact and expert discovery closed 2023; Daubert and summary judgment motions fully briefed and pending as of May 2024.
New Jersey AG Files State Enforcement Action
New Jersey Attorney General and NJDEP file lawsuit against chemical manufacturers alleging 1,4-dioxane groundwater and natural resource contamination.
EPA Issues Final Unreasonable Risk Determination
EPA concludes 1,4-dioxane presents unreasonable risk to human health under TSCA section 6(a), based on cancer and non-cancer risks to workers, occupational nonusers, and general population. Triggers mandatory risk management rulemaking by November 14, 2025.
E.D.N.Y. Allows SCWA Claims to Proceed
Federal court in Eastern District of New York permits key claims to move forward in Suffolk County Water Authority v. Dow Chemical Company, allowing groundwater contamination claims affecting public drinking water supplies to advance toward trial.
Statute of limitations
No MDL currently established for 1,4-dioxane. EPA issued Final Revised Risk Determination Nov. 14, 2024, finding unreasonable risk; proposed TSCA risk management rule due Nov. 14, 2025. No federal preemption of state tort claims per 5th Circuit June 2025 ruling in New Jersey litigation. Coordinate SDWA cost-recovery claims with personal injury timelines—different accrual triggers.
New York
3 years from discovery
Rule: CPLR § 214-c; personal injury claims accrue upon discovery of injury and its cause
Discovery: Discovery rule applies; accrual tied to reasonable discovery of contamination and harm
N.Y. banned sales of products with >10 ppm 1,4-dioxane since 2022; 6 ppb MCL in effect. No revival statute active.
New Jersey
2 years from discovery
Rule: N.J.S.A. 2A:14-2; discovery rule applies per discovery of injury and cause
Discovery: Discovery rule applies; 5th Circuit affirmed state-level claims over removal in June 2025 litigation
0.33 ppb MCL among strictest nationwide. Active litigation against Dow Chemical et al.
North Carolina
3 years from discovery
Rule: N.C. Gen. Stat. § 1-52(16); discovery rule applies for latent injuries
Discovery: Discovery rule applies; ongoing Asheboro litigation demonstrates recent accrual dates
60-day public comment period for new state regulation opened Feb. 1, 2026. Municipal suits active. No revival window currently open.
Michigan
3 years from discovery
Rule: MCL § 600.5805(10); discovery rule applies for toxic exposure claims
Discovery: Discovery rule applies; 7.2 ppb groundwater cleanup criterion may trigger notice-based accrual
7.2 ppb cleanup criterion; no federal MCL creates uncertainty on notice dates. Screen for post-2018 detections.
California
2 years from discovery
Rule: Cal. Code Civ. Proc. § 335.1; discovery rule applies per Jolly v. Eli Lilly & Co.
Discovery: Discovery rule applies; notification requirements at 1 µg/L may trigger accrual
Mandatory consumer notification at 1 µg/L; response level at 35 µg/L. No revival statute for this tort.
New Hampshire
3 years from discovery
Rule: RSA 508:4; discovery rule applies for latent diseases
Discovery: Discovery rule applies; Dover Municipal Landfill Superfund reopening (April 2022) may reset accrual for some plaintiffs
0.32 µg/L cleanup level at Dover site based on state Ambient Groundwater Quality Standard. Site reopenings may create new claims.
| State | SOL | Rule | Discovery Rule | Notes |
|---|---|---|---|---|
| New York | 3 years from discovery | CPLR § 214-c; personal injury claims accrue upon discovery of injury and its cause | Discovery rule applies; accrual tied to reasonable discovery of contamination and harm | N.Y. banned sales of products with >10 ppm 1,4-dioxane since 2022; 6 ppb MCL in effect. No revival statute active. |
| New Jersey | 2 years from discovery | N.J.S.A. 2A:14-2; discovery rule applies per discovery of injury and cause | Discovery rule applies; 5th Circuit affirmed state-level claims over removal in June 2025 litigation | 0.33 ppb MCL among strictest nationwide. Active litigation against Dow Chemical et al. |
| North Carolina | 3 years from discovery | N.C. Gen. Stat. § 1-52(16); discovery rule applies for latent injuries | Discovery rule applies; ongoing Asheboro litigation demonstrates recent accrual dates | 60-day public comment period for new state regulation opened Feb. 1, 2026. Municipal suits active. No revival window currently open. |
| Michigan | 3 years from discovery | MCL § 600.5805(10); discovery rule applies for toxic exposure claims | Discovery rule applies; 7.2 ppb groundwater cleanup criterion may trigger notice-based accrual | 7.2 ppb cleanup criterion; no federal MCL creates uncertainty on notice dates. Screen for post-2018 detections. |
| California | 2 years from discovery | Cal. Code Civ. Proc. § 335.1; discovery rule applies per Jolly v. Eli Lilly & Co. | Discovery rule applies; notification requirements at 1 µg/L may trigger accrual | Mandatory consumer notification at 1 µg/L; response level at 35 µg/L. No revival statute for this tort. |
| New Hampshire | 3 years from discovery | RSA 508:4; discovery rule applies for latent diseases | Discovery rule applies; Dover Municipal Landfill Superfund reopening (April 2022) may reset accrual for some plaintiffs | 0.32 µg/L cleanup level at Dover site based on state Ambient Groundwater Quality Standard. Site reopenings may create new claims. |
Live intelligence
AI litigation brief
1,4-Dioxane remains active litigation category with 24 current signals in the accepted feed.
Overview
The 1,4-dioxane litigation remains active in federal and state courts with no MDL established. The bellwether case Suffolk County Water Authority v. Dow Chemical Co., No. 2:17-cv-06980 (E.D.N.Y.), survives before Judge Nina Gershon and Magistrate Judge Roanne Mann, with Daubert and summary judgment motions fully briefed as of May 2024 and trial prioritized. The Fifth Circuit extended a 90-day stay in Union Carbide Corp. v. EPA, No. 24-60615 (5th Cir.), on September 30, 2025, pausing TSCA challenges to EPA's revised risk evaluation.
Key developments
Trajectory
Press and regulatory signals are moving in tandem for 1,4-Dioxane. The next escalation check is whether these agency actions prompt new PACER filings or MDL scheduling orders.
Editorial intelligence
Editorial coverage should stay tied to source-backed developments and avoid placeholder status copy for 1,4-Dioxane.
Generated Apr 28, 2026, 12:00 AM UTC
24 events detected
Google News (10)
‘No limits, no accountability’: Area residents rebuke state’s proposed PFAS, 1,4 dioxane rules - Port City Daily
A Global Chemical Giant Racks Up Violations in Durham, Where Drinking Water for a Million Is Threatened - INDY Week
Judge upholds that DEQ can set wastewater permit limits - Coastal Review
N.C. Judge Upholds the State’s Limits on 1,4-Dioxane Pollution in Utilities’ Wastewater - Inside Climate News
N.C. Judge Upholds the State’s Limits on 1,4-Dioxane Pollution in Utilities’ Wastewater - Inside Climate News
'Step backwards.' NC board's move to enact new water pollution rules faces scathing criticism. - Carolina Public Press
'Step backwards.' NC board's move to enact new water pollution rules faces scathing criticism. - Carolina Public Press
Vote coming on PFAS, 1,4 dioxane rules that critics say allow polluters to police themselves - Port City Daily
Vote coming on PFAS, 1,4 dioxane rules that critics say allow polluters to police themselves - Port City Daily
EPA hearing draws debate over toxic chemical limits in NC drinking water - WRAL
International journal of molecular sciences • Bazzocchi IL • PMID 41977493 • Journal Article.
Environmental science & technology • Godri Pollitt KJ • PMID 41824932 • Journal Article.
Public health nursing (Boston, Mass.) • Titova K • PMID 41808265 • Journal Article.
The EPA has finalized a groundwater cleanup plan for a Superfund site in New Jersey, addressing contamination that includes 1,4-dioxane. This directly involves regulatory action and cleanup claims tied to dioxane contamination in drinking water.
EPA News Release regulatory on Apr 3 for 1,4-Dioxane. Regulatory developments can change intake posture and motion practice quickly.
EPA Adds Gelman Sciences Inc. in Ann Arbor, Michigan, to the Superfund National Priorities List | US EPA # EPA Adds Gelman Sciences Inc. in Ann Arbor, Michigan, to the Superfund National Priorities List March 12, 2026 Contact Information David Shark (shark.david@epa.gov) 312-353-1056 CHICAGO (March 12, 2026) – Today, U.S. Environmental Protection Agency (EPA) added the Gelman Sciences Inc. site in
EPA News Release regulatory on Mar 12 for 1,4-Dioxane. Regulatory developments can change intake posture and motion practice quickly.
EPA announces proposed deletion of the Rowe Industries Superfund site from the National Priorities List after successful groundwater contamination cleanup, which involves 1,4-dioxane as a contaminant of concern at this electronics manufacturing facility site.
EPA News Release regulatory on Mar 4 for 1,4-Dioxane. Regulatory developments can change intake posture and motion practice quickly.
EPA reaches $668M settlement agreement for continued cleanup of Lower Duwamish Waterway Superfund site in Seattle area | US EPA # EPA reaches $668M settlement agreement for continued cleanup of Lower Duwamish Waterway Superfund site in Seattle area March 4, 2026 Contact Information EPA Press Office (press@epa.gov) WASHINGTON — Today, the U.S. Environmental Protection Agency, U.S. Department of Jus
EPA News Release regulatory on Mar 4 for 1,4-Dioxane. Regulatory developments can change intake posture and motion practice quickly.
This article covers the EPA's Draft Contaminant Candidate List 6, which includes 1,4-dioxane (CASRN 123-91-1) as a chemical contaminant under evaluation for potential drinking water regulation, directly related to water contamination and regulatory action for this substance.
EPA regulatory on Feb 25 for 1,4-Dioxane. Regulatory developments can change intake posture and motion practice quickly.
No recent court filing signals. Monitoring is active — this section updates automatically.
No recent legislative signals. Monitoring is active — this section updates automatically.
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Last: Apr 28, 2026, 12:00 AM UTC
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Event feed
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AI Brief
1,4-Dioxane remains active litigation category with 24 current signals in the accepted feed.
Overview
The 1,4-dioxane litigation remains active in federal and state courts with no MDL established. The bellwether case Suffolk County Water Authority v. Dow Chemical Co., No. 2:17-cv-06980 (E.D.N.Y.), survives before Judge Nina Gershon and Magistrate Judge Roanne Mann, with Daubert and summary judgment motions fully briefed as of May 2024 and trial prioritized. The Fifth Circuit extended a 90-day stay in Union Carbide Corp. v. EPA, No. 24-60615 (5th Cir.), on September 30, 2025, pausing TSCA challenges to EPA's revised risk evaluation.
Key developments
Port City Daily news on Apr 26: ‘No limits, no accountability’: Area residents rebuke state’s proposed PFAS, 1,4 dioxane rules - Port City Daily. ‖ EPA News Release regulatory on Apr 3: EPA Finalizes Groundwater Cleanup Plan for Radiation Technology Inc. Superfund Site. ‖ PubMed research on Apr 7: Diels-Alder Adducts from Maytenus chiapensis..
Generated Apr 28, 2026, 12:00 AM UTC