Jump to Navigation
Jump to Content

Giovanni v. United States Department of the Navy

ELR Citation: 50 ELR 20024
Nos. 16-04873 and 17-00765, (E.D. Pa., 01/15/2020) (Pappert, J.)

A district court granted the U.S. Navy's motion to dismiss a lawsuit concerning the release of perfluorochemicals from naval facilities in eastern Pennsylvania. Families in neighborhoods near the facilities argued that the Navy improperly disposed of perfluorooctane sulfonate (PFOS) and perfluorooctanoic acid (PFOA) at the facilities, in violation of the state's Hazardous Sites Cleanup Act (HSCA), and sought costs for medical monitoring due to exposure to the compounds in their water supply. The Navy argued that the families failed to state a claim under the HSCA because the Act requires the release of a "hazardous substance," and neither PFOS nor PFOA are designated as such. The court found that the Navy was correct that PFOS and PFOA are not "designated" as hazardous substances under the HSCA, and thus that the families failed to state a claim. It therefore granted the Navy's motion on that ground.