San Francisco BayKeeper v. Dow Chemical Company

San Francisco BayKeeper v. Dow Chemical Company was filed under California’s Proposition 65, which prohibits the discharge or release of known carcinogens and reproductive toxins into sources of drinking water.  The suit alleged Dow’s improper disposal methods of paint and chemicals at its Pittsburg, California plant over many years had led to the release of known carcinogens and reproductive toxins into groundwater that fed a potential source of drinking water for Contra Costa County. The case was settled after the first day of trial.  Ultimately, Dow paid $3.25 million for the purpose of preserving, protecting, and enhancing the San Francisco Bay-Delta through educational, scientific, charitable, and other related activities.  Dow also agreed to implement a new technology, in situ bioremediation, to clean up the groundwater contamination at the facility and comply with numeric chemical discharge limits in its storm water outfalls.