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 38 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 Jun 13, 2026, 9:00 AM UTC
38 events detected
Google News (15)
North Carolina Sues Chemical Company for Polluting a Nearby Creek - Inside Climate News
EPA proposes cleanup plan for superfund site in Otisville - Genesee County View
EPA proposes clean-up plan for contaminated groundwater in Otisville - WSMH
EPA Announces $39.2 Million For Pennsylvania To Address PFAS ‘Forever Chemicals,’ Emerging Contaminants In Drinking Water - PA Environment Digest Blog
PFAS and 1,4-dioxane silently move through Haw River as North Carolina weighs new limits - The Cool Down
NC regulators are choosing to not set numeric limits on chemical pollution in waterways. Why? - WUNC News
Endicott wins key ruling in IBM legal battle over water contamination - Press & Sun-Bulletin
Federal Judge Rules on IBM Lawsuit: Allows Village of Endicott to Proceed with Lawsuit - wicz.com
‘No limits, no accountability’: Area residents rebuke state’s proposed PFAS, 1,4 dioxane rules - Port City Daily
Polluters need to be held accountable for NC water contamination - Carolina Journal
Proposed industrial wastewater rules ‘completely inadequate’ - North Carolina Health News
Proposed State Rules Won’t Curb Pollution in Cape Fear River, Environmentalists Say - CityView NC
N.J. utility company sues corporate polluters over cancer-causing chemicals in water supply - NJ.com
EPA to take over cleanup of longstanding Ann Arbor underground chemical plume - The Michigan Daily
What is 1,4-dioxane pollution? - Southern Environmental Law Center
Journal of fluorescence • Zhu L • PMID 42215758 • Journal Article.
Journal of environmental management • Cupples AM • PMID 42143423 • Journal Article.
Waste management (New York, N.Y.) • Oguchi M • PMID 42096918 • Journal Article.
International journal of molecular sciences • Bazzocchi IL • PMID 41977493 • Journal Article.
This EPA public notice concerns a proposed cleanup plan for the Forest Waste Products Superfund Site, which involves public comment on environmental remediation efforts. Based on the context provided indicating this is related to 1,4-dioxane contamination cleanup claims, this directly matches the specified tort litigation theory regarding 1,4-dioxane contamination and Superfund site remediation.
EPA Superfund regulatory on May 12 for 1,4-Dioxane. Regulatory developments can change intake posture and motion practice quickly.
The EPA has proposed a cleanup plan for a Superfund site in Otisville, Michigan contaminated with 1,4-dioxane, a chemical linked to cancer, triggering regulatory action and potential liability claims related to groundwater contamination.
EPA News Release regulatory on May 11 for 1,4-Dioxane. Regulatory developments can change intake posture and motion practice quickly.
The EPA has proposed an interim cleanup plan for contaminated groundwater at a Michigan Superfund site, which involves addressing 1,4-dioxane contamination as part of ongoing remediation efforts.
EPA regulatory on May 2 for 1,4-Dioxane. Regulatory developments can change intake posture and motion practice quickly.
EPA completed removal of hundreds of drums and cleanup at a former compounders site in Howell Township, New Jersey, addressing contamination that likely includes 1,4-dioxane given the context of compounders and drum storage sites typically associated with this chemical.
EPA News Release regulatory on Apr 28 for 1,4-Dioxane. Regulatory developments can change intake posture and motion practice quickly.
The EPA is seeking public comment on a proposed cleanup plan for groundwater contamination at a Superfund site, which involves addressing hazardous substances including 1,4-dioxane in drinking water sources.
EPA News Release regulatory on Apr 23 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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LexGenius Ranking
45Score
Fresh items are present but not yet surging
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Last: Jun 13, 2026, 9:00 AM UTC
Next: 16:20
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PACER
PACER
Google News
PubMed
EPA
Event feed
38
events detected
AI Brief
1,4-Dioxane remains active litigation category with 38 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
Inside Climate News news on Jun 10: North Carolina Sues Chemical Company for Polluting a Nearby Creek - Inside Climate News. ‖ EPA Superfund regulatory on May 12: Public Comment Period Begins on Proposed Cleanup Plan .... ‖ PubMed research on May 29: A Galactose-Modified Light-Activatable Persulfurated Arene Fluorescent Probe for Targeted Imaging of Polarity and Viscosity in Liver Cancer Cells..
Generated Jun 13, 2026, 9:00 AM UTC