A federal judge has ruled that the Suffolk County Water Authority’s (SCWA) landmark lawsuit against several major chemical manufacturers over toxic 1,4-dioxane contamination in Long Island’s drinking water can proceed to trial, rejecting the defendants’ motion to dismiss and marking a significant milestone in a case that could shape environmental accountability nationwide.
SCWA first filed the suit in 2017 against The Dow Chemical Company, Legacy Vulcan LLC, and Vibrantz Corporation (formerly Ferro Corporation), alleging that the companies knowingly manufactured and distributed products containing 1,4-dioxane that would reach and pollute groundwater when used as intended. The lawsuit was the first in the nation brought by a public water provider specifically targeting manufacturers for 1,4-dioxane contamination.
“This ruling keeps us on course to have our day in court and hold the polluters accountable,” said SCWA Chairman Charlie Lefkowitz. “We stepped forward first to take action because we knew the long-term cost of inaction would fall on our customers—and that was unacceptable.”
The court’s decision allows SCWA’s case to move toward trial, likely this fall. The water authority is seeking damages to help cover the substantial cost of removing 1,4-dioxane from the aquifer system that serves more than 1.2 million Suffolk County residents.
1,4-dioxane is a synthetic industrial solvent stabilizer classified by the U.S. Environmental Protection Agency as a likely human carcinogen. Once released, it spreads rapidly through groundwater, resists natural degradation, and is exceptionally difficult to treat. Traces of the compound have been detected in dozens of SCWA wells, prompting the agency to invest heavily in treatment infrastructure.
SCWA has taken a lead role in developing and deploying Advanced Oxidation Process (AOP) systems—the only proven technology for breaking down 1,4-dioxane in drinking water. The systems use a combination of ultraviolet light and hydrogen peroxide to chemically destroy the compound. To date, SCWA operates 19 AOP units, more than any other water provider in New York State.
However, the treatment comes at a steep price. “Our mission is to deliver high-quality water, but treating 1,4-dioxane comes with significant, long-term costs,” said water authority CEO Jeff Szabo. “This case is about making sure those responsible for contaminating our aquifer, not our customers, pay for the damage.”
The case was filed the same day SCWA initiated separate lawsuits against manufacturers of per- and polyfluoroalkyl substances (PFAS), including 3M and DuPont, for contaminating public water supplies. SCWA recently received its first award from the 3M settlement in that ongoing litigation.
Outside legal counsel for the authority includes Sher Edling LLP and Hausfeld LLP. “SCWA deserves a lot of credit for being the first to step up to this important fight,” said Matt Edling, a partner at Sher Edling. “We are proud to assist them in their efforts to protect their community and restore their damaged drinking water supply.”
With the judge’s ruling, the stage is now set for what could become a precedent-setting trial, underscoring the mounting legal and environmental pressures facing chemical manufacturers nationwide.