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03/31/2017 News Release Image

WAMC/Northeast Public Radio: "Newburgh Residents Seek Court Permission To Sue The City Over PFOS Contamination"

. . .  PFOS was first detected and reported to the Environmental Protection Agency in 2014 when samples ranged between 140 and 170 parts per trillion. These samples were below the EPA’s then-provisional short-term health advisory of 200 parts per trillion. When sampling in March 2016 confirmed the presence of PFOS, it was about 140 parts per trillion. That was before the EPA issued a new, long-term health advisory in May of 70 parts per trillion. David Cassuto is a professor in the Elizabeth Haub School of Law at Pace University.

“So we have here is we have a great deal of uncertainty about the nature of the threat,  and because of the uncertainty about the nature of the threat, that makes it very difficult to litigate because you don’t know exactly what the harm is,” Cassuto says.

Plus, he says:

“We have a lot of different possible defendants, from the federal government on down,  and that means, that, of course, as a plaintiff’s lawyer make you happy because you have a lot of targets but it also means that it’s hard to show just who it is who is responsible,” says Cassuto.

Listen to the story.