Exposure to environmental contaminants: litigation on incarcerated individuals’ challenges to conditions of confinement

Prisons have a sordid history of exposing incarcerated individuals to environmental toxins, including contaminated water, hazardous industrial waste, and airborne pollutants. Indeed, one-third of correctional facilities are located within three miles of a federally designated Superfund site. This article examines the state of federal court litigation concerning incarcerated individuals’ exposure to environmental contaminants. By utilizing an inductive, qualitative doctrinal legal approach to identify concepts and themes representative of such litigation, this article offers policy guidance to prison officials and legislators on mitigation efforts in facilities with environmentally hazardous conditions of confinement.