Judge Throws Out PFAS Litigation in Hamptons for Lack of Standing
A New York district judge dismissed a complaint brought against the federal government by four East Hampton, New York residents seeking to halt construction of the South Fork Wind Farm and the South Fork Export Cable Project, an offshore wind facility. According to the residents, the onshore trenching caused by the South Fork Export Cable Project would allegedly worsen existing PFAS contamination in their private wells. The residents maintained that the federal government was at fault for issuing permits for the project without sufficiently considering the possibility of additional PFAS contamination. The government moved to dismiss for lack of standing, explaining that while it issued permits to construct the offshore wind farm, the New York Public Service Commission was responsible for issuing permits for the onshore route of the South Fork Export Cable Project, which included the trenching that the residents complained of. Because the residents could not show causation, the government claimed the residents lacked standing. The judge agreed with the government and dismissed the complaint.