Toxics litigation is a rapidly evolving field, driven by scientific evidence, heightened public awareness, changing regulatory frameworks, and multiple, sometimes overlapping, theories of liability. Over the past several years, litigation strategies have broadened beyond traditional tort law to combine personal injury allegations, environmental contamination theories, consumer protection laws, public nuisance claims, and more, reshaping the legal landscape. Emerging contaminants and industrial chemicals are the focus of much of this litigation, setting the stage for future contaminants or chemicals of concern to follow suit.
This report focuses on areas of litigation concerning pesticides (such as glyphosate and paraquat), per- and polyfluoroalkyl substances (PFAS), petrochemicals, and plastics (namely microplastics and associated chemicals) as some of the major and emerging drivers of current toxics litigation in the United States. Through this analysis, we aim to illuminate the current landscape of toxics litigation and how scientific advancement and uncertainty, state and federal law, and judicial doctrine intersect in the ongoing effort to address the risks and consequences of toxic exposures in the United States and abroad.
While toxic pollution is not a new problem, we have reached a flashpoint where scientific evidence and public awareness of its associated human health and environmental impacts are again driving efforts for meaningful change. ELI’s Toxics Litigation Project develops resources that track and analyze litigation, legal risk, and regulation in this space, with the goal of identifying opportunities for progress toward making the world a healthier place.