Contaminated Land Case

US Environmental Protection Agency Ban on PCE and TCE

On December 9 2024, the US Environmental protection Agency announced a ban on the solvents trichloroethylene (TCE) and perchloroethylene (PCE) for consumer use. TCE and PCE have been widely used as solvents in industrial applications, cleaners, lubricants and glues.  Notoriously these substances were involved in the seminal case in civil liability of Cambridge Water Company Limited v. Eastern Counties Leather following their use at a tannery in degreasing skins. Both substances have potential to cause various forms of cancer. PCE is somewhat less hazardous and its limited use will be permitted in, for example aviation and defence, subject to rules to protect workers. This has been reported as a possibly pre-emptive move before President-elect Trump takes office, though Mr. Trump during his election campaign said he was committed “to getting dangerous chemicals out of our environment”.

Stephen Tromans, Contaminated Land (Sweet & Maxwell 2018) [1-02], [14-31].