New York Legislation Reinforces Toxic Tort Law

The theory in New York and elsewhere used to be that industrial waste need only be shoved under the rug and it would be gone. Out of sight, was out of mind. But as events at Love Canal, New York were uncovered, today’s far-away rural industrial waste dump is tomorrow’s suburb, where one may someday live and where one’s children may end up going to school. [cross link]

Liability in toxic tort law can pose a problem for lawyers in New York because ownership of such industrial waste can change over the years making it difficult to assign. So if you of your loved one have suffered toxic exposure, you’ll want to work with a proficient lawyer in New York who knows toxic tort law.

Love Canal, New York posed many challenges for government officials in determining responsibility per toxic tort law during and after the crisis. Their challenge was how to safeguard citizens from companies who have industrial waste in close proximately to their New York neighborhoods. And how to ensure that people who serve the community have the community’s best interest at heart. What follows is the how the government responded in conducting studies and in passing legislation—both of which gave toxic tort lawyers in New York more leverage.

New York Conducted Studies

  • Chromosomes studied: The United States Department of Justice in 1980 conducted a cytotoxicity study and found that a third of Love Canal residents showed chromosomal aberrations. This helped victims support their toxic tort law claims and get relocation assistance from the EPA for 2,500 Love Canal residents.
  • Hazardous chemicals studied: A significant number of hazardous chemicals were found to be present in the water, soil and air at Love Canal, supporting toxic tort law claims, including Dioxins (chemical found in Agent Orange and known to be one of the deadliest poisons), Chlorobenzene (chemical used in the production of many pesticides and which exposure to high levels can cause damage in the liver and kidneys and affect the brain), Chloroform, Benzene (a chemical used in making rubber and plastics and which prolonged exposure can cause anemia and leukemia) and Lindane (not currently produced in the United States, this chemical was used in many insecticides and can cause blood disorders, dizziness, headaches, and seizures).
  • Health issues studied: Many studies were done to support toxic tort law and toxic tort lawyer’s actions on the correlations between Love Canal resident's health and the toxins found present in the surrounding water, soil and air. Many tests were conducted by the U.S. Environmental Protection Agency looking for increase rates of miscarriages, birth defects, asthma, urinary disease, and other health issues in local resident’s health.

New York and Federal Legislation Passed

  • New York State Environment Quality Review Act (SEQR): Legislation introduced on November 1, 1978, requires all New York state and local government agencies to consider environmental impacts equally with social and economic factors during discretionary decision-making.
  • Clean Water Act: Established in 1972, the Clean Water Act creates toxic tort laws to protect the quality of surface water and enable toxic tort lawyers in New York to pursue wrongdoing.
  • Superfund: Months after declaring Love Canal a federal emergency, U.S. President Jimmy Carter signed the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) into law. Commonly known as "Superfund,” which strengthens toxic tort law and provided billions of dollars to clean-up environmental disaster areas.
  • Resource Conservation and Recovery Act (RCRA): Established in 1976, this Act provides for the comprehensive regulation of industrial waste and authorizes environmental agencies to conduct any emergency cleanup of contaminated sites.

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