Environmental Law > PCB Contamination
PCB pollution is contamination of air, water, soil, sediment, or buildings by polychlorinated biphenyls (PCBs), a group of manufactured chemicals historically used in electrical equipment and other materials. PCBs persist in the environment and can accumulate in the food chain. Although U.S. manufacture was banned in 1979, older equipment and materials can remain sources of contamination.
Potential sources include older transformers, capacitors, fluorescent light ballasts, hydraulic fluids, and certain paints, sealants, or caulking. Releases may occur through leaks, improper disposal, industrial activities, or disturbance of PCB-containing materials. The age of a building or piece of equipment alone does not establish that it contains PCBs.
The federal Toxic Substances Control Act and PCB regulations in 40 CFR Part 761 govern matters including certain uses, storage, cleanup, and disposal of PCBs. Applicable requirements depend on the material, concentration, location, and activity involved.
Separate civil claims may also arise under California law. For example, contamination that substantially interferes with property use or enjoyment may support a private nuisance claim when all required elements are established. A regulatory violation does not automatically establish a private right to compensation.
A legal review may examine testing results, the suspected source, responsible parties, exposure dates and pathways, alleged injury or property damage, and evidence connecting the conduct to that harm. Exposure, a positive test result, or a health condition alone does not establish liability. Environmental or medical expert analysis may be necessary.
Keep environmental testing reports, agency notices, building or equipment records, relevant medical records, photographs, and documented expenses that you are lawfully entitled to retain. Avoid disturbing suspected PCB-containing materials; qualified professionals can assess appropriate testing and handling.
Legal sources: EPA: Learn About PCBs; 40 CFR Part 761: PCB Regulations; and California Civil Jury Instructions: Private Nuisance.
Concerned about PCB contamination affecting your health or property? Matern Law Group can review your circumstances and explain potential legal options.
PCB pollution cases involve complex issues and require an experienced environmental law attorney who knows how local, regional and federal environmental regulations apply.
PCB pollution refers to the contamination of the environment, particularly air, water, and soil, by polychlorinated biphenyls (PCBs). PCBs are a group of synthetic organic chemicals that were widely used in various industrial and commercial applications from the 1930s to the late 1970s.
They were primarily used as insulating fluids in electrical equipment, such as transformers and capacitors, as well as in hydraulic systems, lubricants, and various other industrial applications.
PCBs are persistent organic pollutants, meaning they don’t break down easily in the environment and can persist for a long time. They are also known to be toxic to humans and wildlife. Exposure to PCBs can occur through various routes:
Due to their harmful effects on human health and the environment, many countries have banned or heavily restricted the production and use of PCBs. However, PCB pollution remains a concern due to the persistence of these chemicals in the environment and the legacy of past use.
Consumer rights regarding PCB exposure typically revolve around the following aspects:
Individuals should follow safety guidelines and regulations in their region to minimize the risk of PCB exposure. If there are concerns about your potential exposure to PCBs, consulting with local environmental agencies and healthcare professionals is advisable.
If you believe you have been harmed by an exposure to PCBs, you may have a legal claim. You can talk with our experienced lawyers to learn more about your rights and legal options.
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