BRIEF OF AMICI CURIAE IN SUPPORT OF APPELLANTS

The brief, submitted by Earthjustice on behalf of community members, contends that medical monitoring is essential for detecting and treating health effects linked to PFC exposure, such as various cancers and autoimmune issues. It argues that the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) does not bar private state-law claims for medical monitoring against potentially responsible parties, even while a federal clean-up is ongoing. The document highlights the severe health impacts suffered by residents near the Naval Air Station Joint Reserve Base Willow Grove and the Naval Air Warfare Center Warminster, and asserts that the District Court erred in applying CERCLA's 'Timing of Review' provision to block these health-related claims.

• Exposure to perfluorinated compounds (PFCs), specifically PFOA and PFOS, is linked to severe health issues, including reduced immune function, developmental problems in offspring, and increased risks of prostate, kidney, testicular, brain, and bladder cancers, as well as myeloid leukemia.
• Medical monitoring is presented as a critical tool for early detection of diseases with long latency periods, such as cancer, which can significantly improve survival rates and reduce morbidity.
• The brief argues that CERCLA's section 9613(h), which prevents judicial review of selected removal or remedial actions during a clean-up, does not bar private state-law claims for medical monitoring when the defendant is a potentially responsible party rather than the federal agency overseeing the clean-up.
• The document asserts that the Agency for Toxic Substances and Disease Registry (ATSDR) rarely initiates medical monitoring programs despite its authority under CERCLA, creating a critical need for state-level alternatives like the HSCA.
• Residents near the Naval Air Station Joint Reserve Base Willow Grove and the Naval Air Warfare Center Warminster report a pattern of rare and premature illnesses, including childhood brain tumors and myeloid leukemia, which they attribute to contaminated water.

APA

Earthjustice (2017). BRIEF OF AMICI CURIAE IN SUPPORT OF APPELLANTS. https://earthjustice.org/wp-content/uploads/final20brief20of20amici20curiae20102005202017.pdf

Chicago

Earthjustice. BRIEF OF AMICI CURIAE IN SUPPORT OF APPELLANTS. 2017. https://earthjustice.org/wp-content/uploads/final20brief20of20amici20curiae20102005202017.pdf.

Wikipedia

{{cite report |author=Earthjustice |title=BRIEF OF AMICI CURIAE IN SUPPORT OF APPELLANTS |date=5 October 2017 |url=https://earthjustice.org/wp-content/uploads/final20brief20of20amici20curiae20102005202017.pdf |access-date=23 October 2026 |via=Climate Insights Directory}}

BibTeX

@techreport{earthjustice2017brief, author = {{Earthjustice}}, title = {{BRIEF OF AMICI CURIAE IN SUPPORT OF APPELLANTS}}, institution = {Earthjustice}, year = {2017}, month = oct, url = {https://earthjustice.org/wp-content/uploads/final20brief20of20amici20curiae20102005202017.pdf}, urldate = {2026-10-23}, note = {Indexed by Climate Insights Directory} }