Oral Presentations and Performances: Session I
Project Type
Presentation
Project Funding and Affiliations
n/a
Faculty Mentor’s Full Name
Soazig Le Bihan
Faculty Mentor’s Department
College of Humanities and Social Sciences
Abstract / Artist's Statement
Abstract
Per- and polyfluoroalkyl substances (PFAS), colloquially known as "forever chemicals," represent one of the most significant environmental and public health crises of the modern era. Engineered for extreme durability, these substances now contaminate the soil, water, and blood of approximately 95% of the United States population. This paper examines the evolution of PFAS litigation and evaluates the efficacy of toxic torts as a mechanism for corporate accountability. By analyzing the landmark trajectory from Wilbur Tennant’s initial 1999 claim to the current multidistrict litigation (MDL) involving over 15,000 pending cases, this research explores the tension between two competing theories of justice: the administrative-regulatory model and the private tort system.
The analysis acknowledges the substantial hurdles inherent in toxic torts, including the rigorous "double burden" of general and specific causation, the gatekeeping standards for scientific evidence under Daubert, and the restrictive nature of statutes of limitations. However, this paper argues that tort litigation remains the only viable solution for comprehensive solvency. Unlike regulatory frameworks, which are often reactive and susceptible to industry capture, the tort system uniquely addresses "information asymmetry" through the discovery process, forces the internalization of environmental externalities, and provides direct restorative justice to victims. Drawing on historical precedents such as asbestos and tobacco litigation, this project concludes that the judicial branch acts as the primary engine for systemic reform, transforming PFAS from a profitable industrial staple into a permanent corporate liability.
Category
Social Sciences
Toxic Torts Are in Your Blood: PFAS and Corporate Accountability
UC 329
Abstract
Per- and polyfluoroalkyl substances (PFAS), colloquially known as "forever chemicals," represent one of the most significant environmental and public health crises of the modern era. Engineered for extreme durability, these substances now contaminate the soil, water, and blood of approximately 95% of the United States population. This paper examines the evolution of PFAS litigation and evaluates the efficacy of toxic torts as a mechanism for corporate accountability. By analyzing the landmark trajectory from Wilbur Tennant’s initial 1999 claim to the current multidistrict litigation (MDL) involving over 15,000 pending cases, this research explores the tension between two competing theories of justice: the administrative-regulatory model and the private tort system.
The analysis acknowledges the substantial hurdles inherent in toxic torts, including the rigorous "double burden" of general and specific causation, the gatekeeping standards for scientific evidence under Daubert, and the restrictive nature of statutes of limitations. However, this paper argues that tort litigation remains the only viable solution for comprehensive solvency. Unlike regulatory frameworks, which are often reactive and susceptible to industry capture, the tort system uniquely addresses "information asymmetry" through the discovery process, forces the internalization of environmental externalities, and provides direct restorative justice to victims. Drawing on historical precedents such as asbestos and tobacco litigation, this project concludes that the judicial branch acts as the primary engine for systemic reform, transforming PFAS from a profitable industrial staple into a permanent corporate liability.