complex tort litigation | ENVIRoNMENTAL TOXIC TORTS

Righting environmental harms today and for tomorrow.

When powerful companies contaminate your water or soil, expose you to dangerous chemicals, or damage your property due to environmental negligence, we are committed to helping you secure a measure of justice.

Overview

We represent individuals across the United States who have been injured due to exposure to toxic or potentially toxic substances, including purportedly safe substances that may have been released into the environment at toxic levels or substances that may have been improperly labelled. We have dealt with numerous types of chemicals, lead and other alloys, and chemical compound derivatives in our cases. We have extensive experience working with state and federal environmental protection agencies to address toxins in drinking water, ground water, soil, and air. We also work with subject matter experts on scientific, environmental, medical, and property value issues.  

We are frequently appointed by courts as lead or co-lead counsel to oversee large class or mass actions. Our experience includes handling two of the largest water contamination class action lawsuits in the United States—In re Flint Water Cases, and Carey, et al., v. E.I. DuPont De Nemours and Co., Inc. We have also successfully litigated toxic tort mass actions in jury trials.

We litigate all types of environmental toxic tort lawsuits, including class actions, before juries and appellate courts, including those that involve:

  • Contamination of water, including drinking and ground water
  • Pesticide and herbicide aerial drift
  • Chemical exposure, waste spills and seepage
  • Landfill, dumpsite, power plant, industrial odor, gas, ash and dust drift

If you or a loved one has been injured and you believe you may have a legal claim, please contact us at (877) 515-7955 or use the CONTACT US BOX BELOW.

PFAS Water Litigation

We are at the forefront of PFAS and environmental toxic tort litigation involving contaminated water. 

We are currently court-approved co-lead counsel in two of the largest PFAS and water-related toxic tort class actions in the United States: Victoria Carey, et al. v. E.I. DuPont de Nemours and The Chemours Company, et al. (E.D.N.C) and In re Flint Water Cases (E.D. Mich.).

Our goal is singular and clear — we represent local communities and citizens that have been exposed to PFAS contamination. Our PFAS litigation team is ready to guide your community through the process of determining how best to respond to the issues raised by PFAS in the water supply and how best to protect citizens.

WHAT ARE PFAS?

Per-and polyfluoroalkyl substances, or PFAS, also known as “forever chemicals,” are toxic, man-made chemicals that are being discovered in drinking water across the county. The toxic chemicals have been manufactured and used in a variety of consumer products since the 1940s.

There are several different PFAS, including PFOA, PFOS, and GenX and other replacement PFAS. Studies have found that PFOA, PFOS, and GenX have been found in drinking water due to localized contamination. Localized contamination includes:

  • Factories and manufacturing plants that make products that contain PFAS, such as cookware, stain- and water-resistant fabrics and carpeting, cleaning products, and other household and automotive products
  • Airports and military installations that use aqueous film forming foam (AFFF) firefighting foams

Exposure to PFAS chemicals can cause adverse health outcomes, including:

  • Low infant birth weight
  • Decreased fertility
  • Elevated cholesterol
  • Abnormal thyroid hormone levels
  • Liver inflammation
  • Weakening of the immune system
  • Cancer
HOW WE CAN HELP

We help local communities that may have PFAS and lead contaminated drinking water fight manufacturing and chemical companies that are responsible for this life-threatening contamination.

We track and analyze all existing PFAS related litigation on a daily basis and know what issues have been litigated in other cases and what evidence has been identified and disclosed in those cases. Our team brings comprehensive resources in terms of in-house discovery, third-party environmental testing experts and regulatory teams, as well as crisis management teams. We track PFAS related actions and developments at the U.S. Environmental Protection Agency and at state environmental agencies, as well as the most recent developments related to testing and regulating PFAS compounds. We have unique insights into the roles of those agencies and their possible actions related to PFAS issues. We are frequently contacted by national environmental reporters who rely upon our legal insights on PFAS developments.

Current Cases

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Cape Fear River PFAS Litigation: Nix, et al. v. The Chemours Company FC, LLC et al.

Cape Fear River Contaminated Water Litigation (E.D.N.C.): Cohen Milstein is representing North Carolina residents and homeowners along the Cape Fear River in this certified toxic tort class action against DuPont and Chemours for allegedly dumping toxic GenX chemicals, a form of PFAS aka “forever chemicals,” into the Cape Fear River, impacting the drinking water and homes of more than 770,000 residents throughout the region.

Flint Water Crisis Litigation

Flint Water Crisis Class Action Litigation (E.D. Mich.): On November 10, 2021, the Court granted final approval of a landmark $626.25 million settlement in an ongoing environmental toxic tort class action brought on behalf of more than 90,000 Flint residents and businesses against the State of Michigan, the former Governor Rick Snyder, and other defendants for their roles in re-directing toxic levels of lead-contaminated water from the Flint River into the City of Flint’s drinking water system in an effort to save money. In total, thus far, plaintiffs have achieved $659.25 million in settlements.

Miramar Water Litigation

Miramar Water Litigation (Cir. Crt. Broward Cnty.): Cohen Milstein represents residents of the City of Miramar, Florida in an environmental toxic tort and property damage class action suit against the City of Miramar and its consultant, Kimley-Horn, Inc. The plaintiffs claim that, due to the negligence of the City and the malpractice of its consultant, their water supply has not been properly treated and has caused irreversible and costly damage to the copper piping in their homes.

Past Cases

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Quinteros, et al. v. DynCorp, et al.

Quinteros, et al. v. DynCorp, et al. (D.D.C.): Cohen Milstein represented over 2,000 Ecuadorian farmers and their families who suffered physical injuries and property damage as a result of aerial spraying of toxic herbicides on or near their land by DynCorp, a U.S. government contractor. A bellwether trial on behalf of the first six Ecuadorian clients came to a conclusion in April 2017, when the ten-person jury unanimously determined that DynCorp was responsible for the conduct of the pilots with whom it had subcontracted to conduct the chemical spraying after April 2003. This resolution allowed for a successful case settlement.