Law360 (June 5, 2020, 5:05 PM EDT) — A New York federal judge has ruled that Dow Chemical Co., Ferro Corp. and Vulcan Materials Corp. must face claims from two dozen New York water authorities and municipalities alleging they allowed a toxic chemical to get into their groundwater.
In an order filed Thursday, U.S. District Judge Nina Gershon told the companies that the plaintiffs’ claims that 1,4-dioxane is fungible and that therefore the chemicals made by each defendant are chemically indistinguishable from those made by the others does not undermine other factual pleadings that the three companies allowed the chemical to contaminate water supplies.
In a motion to dismiss,…
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