National Geographic reported last year that new developments in biomonitoring and environmental testing are showing the presence of a wide range of chemicals in people previously unknown or not detectable. The chemicals include PBDEs, phthalates, pesticides, PCBs and bisphenols just to name a few. The health and environmental effects, if any, of these chemicals’ presence is still a subject of scientific debate. Courts, however, are already being asked to consider claims for damages. Styled as toxic trespass or civil battery — the question posed by these claims is the same: Is the unwanted presence of chemicals in persons an actionable harm without any resulting discernible injury or disease?
TOXIC TRESPASS
