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Baker v. Saint-Gobain Performance Plastics Corp.

Citation: 47 ELR 20024
No. 1:16-CV-0917, (N.D.N.Y., 02/06/2017) (Kahn, J.)

A district court declined to dismiss state-law tort claims stemming from perflurooctanoic acid (PFOA) that leached into groundwater from a factory in Hoosick Falls, N.Y. Plaintiffs found their water supply contained levels of PFOA that were significantly above safe levels. PFOA is associated with increased risk of several cancers and other diseases, and EPA recommended that an alternative water supply be found. Plaintiffs alleged property damage as the PFOA found in water supply lowered their property values, and personal injury from the high concentration of PFOA found in their bloodstreams, though illness had yet to manifest. The court found that the plaintiffs had demonstrated enough to show there was plausible property damage, and disagreed with defendant that illness must manifest before the plaintiffs could seek relief. The court authorized an immediate appeal to the Second Circuit.