Howard Tollin

Environmental issues are a passion for many of our section members because our health and well being are at stake. Our NYSBA EELS Section had a conference two years ago featuring Robert Bilott as a speaker on his pursuit of Dupont and Perfluoroaklyl substances (PFAs). This topic then remained our focus at several program; and Attorney Bilott's efforts are now featured in the excellent movie Dark Waters. PFAs include perfluorooctanoic acid (PFOA) and perfluorosulfonic acid (PFOS) as part of a large class of widely used chemicals containing fluorine. Unfortunately, these toxic chemicals are now in our drinking water, our bodies, environment. Our section will continue to focus on drinking water quality, including at an upcoming program being planned on March 2, 2020.

PFAs are extremely resistant to environmental degradation, thus persisting in soil, water, food and dust. Drinking water has become a huge concern for communities because our water supplies are contaminated with PFAs. Human and animal studies have confirmed PFAs cause several cancers, developmental and early childhood problems, including low birthweight, liver effects, skeletal variations, thyroid abnormalities, ulcerative colitis, cholesterol changes, and testicular and kidney cancers. Effects on children further include effects on renal function, asthma, mammary gland development and menstruation.

PFAs result from manufacturing and consumer activities. The consumer products that were a source of PFAs included fast food wrappers, microwave popcorn bags, pizza boxes, and candy wrappers; non-stick cookware such as Teflon coated pots and pans; Scotchgard used on carpets, fabrics and upholstery; personal care products including shampoo and dental floss; cosmetics such as nail polish and eye makeup; water resistant clothing and Gore-Tex; and paints, varnishes and sealants.

The maximum contaminant levels (MCLs) for PFAs are being studied and recommended below 70 parts per trillion (ppt), which is much more stringent than other frequent chemicals of concern such as polychlorinated biphenyls (PCBs), which is 5,000 parts per trillion (ppt), and benzene, which has an MCL of 5,000 ppt for drinking water. At some juncture, PFAs will need to be regulated by the Clean Water Act (CWA), the Resource Conservation and Recovery Act (RCRA) and the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA).

Similarly, 1,4-Dioxane is now a known human carcinogen that needs to be regulated; it has also been found in groundwater in New York and at sites throughout the United States. 1,4-Dioxane was regularly used as a stabilizer in chlorinated solvents, paint strippers, waxes, greases, antifreeze, aircraft deicing and in consumer products such as deodorants, shampoos and cosmetics. Traces have been found in food supplements from packaging adhesives and an ingredient in pesticides on food crops. While no present federal standard has been established, 1,4-Dioxane is included in the Third Unregulated Contaminant Monitoring Rule as a drinking water contaminant. Thus, regulatory agencies and government officials at all levels are beginning to evaluate and regulate this toxic contaminant. Risk management and insurance options to address emerging and unregulated contaminants are more important than ever. EELS lawyers proudly assist environmental and alternative energy initiatives in many ways, and we look forward to celebrating Earth Day's 50th Anniversary on April 22 at seven law firms across the state.

Howard Tollin is president of Sterling Environmental and Professional Services, and executive vice president of SterlingRisk.