EPA Proposes to Regulate Nine PFAS as RCRA “Hazardous Constituents”
The U.S. Environmental Protection Agency (EPA) has taken its first major action of 2024 to regulate per- and polyfluoroalkyl substances (PFAS) across environmental media. On January 31, 2024, EPA...
View ArticleField Notes: Pesticide News in Canada—Part II
Our Field Notes series is intended to provide a high-level overview of the emerging issues in the landscape of pesticides in Canada, including happenings at the Pest Management Regulatory Agency...
View ArticleOhio Appellate Court Holds Hazardous Material Transportation Act Does Not...
On February 5, 2024, an Ohio appellate court issued a decision that will permit plaintiffs in products liability actions to bring state law claims for injuries caused by defective products used in the...
View ArticleVeterans Have Until August 2024 to File Claims Under Camp Lejeune Justice Act
The U.S. Navy and the Department of Justice have set a deadline of August 2024 for Camp Lejeune veterans who were diagnosed with cancer or other illnesses after serving at the marine base to file a...
View ArticleNine PFAS Compounds Proposed to be Hazardous Constituents Under RCRA
On February 8, 2024, the U.S. Environmental Protection Agency (EPA) published two proposed rules in the Federal Register that would expand the EPA’s authority to address certain per-and polyfluoroalkyl...
View ArticleEstablishing and Challenging Standing in PFAS Litigation
The case of Hardwick v. 3M, a per- and polyfluoroalkyl substances (PFAS) class action lawsuit filed in Ohio, has been marked as one of the most significant legal cases in recent history. The Sixth...
View ArticleJanuary 2024 Bounty Hunter Plaintiff Claims
California’s Proposition 65 (“Prop. 65”), the Safe Drinking Water and Toxic Enforcement Act of 1986, requires, among other things, sellers of products to provide a “clear and reasonable warning” if use...
View ArticleMotion for Summary Judgment of Valve Manufacturer Denied
Plaintiff-Decedent John Gonder alleged exposure to asbestos during his employment as a Con Edison inspector between the 1970s and 1990s. He died in May 2021 at 86 years old from lung cancer. Defendant...
View ArticleMotion for Summary Judgment Denied under Sophisticated User and Purchaser...
Court: United States District Court for the Eastern District of Louisiana - In this asbestos action, plaintiff Ted Matherne Sr. worked at the Avondale Shipyards. In addition, defendant Hopeman Brothers...
View ArticleSupreme Court Update: How Would Changes to Chevron Deference Affect EPA Risk...
In Brief: Entities subject to EPA regulation are closely watching the U.S. Supreme Court’s potential reframing of the Chevron deference doctrine. But they should also pay close attention to EPA’s...
View ArticleThe Next Big Area of Environmental Regulation: PFAS: Part I
This is Part I of the three part series. Stay tuned for Part II, where our attorneys delve further into the federal regulations on PFAS. Per- and polyfluoroalkyl substances (“PFAS”) are everywhere in...
View ArticleEPA Releases Risk Management Program Final Rule
On March 1, 2024, the U.S. Environmental Protection Agency (EPA) signed its final “Accidental Release Prevention Requirements: Risk Management Programs Under the Clean Air Act; Safer Communities by...
View ArticleFifth Circuit Affirms District Court Decisions Excluding Appellants’ Experts...
Court: United States Court of Appeals for the Fifth Circuit - Plaintiff Harry Marsh worked as a merchant mariner from 1944 to 1992. He was diagnosed with mesothelioma in 2018 and subsequently sued the...
View ArticleA Year in Review – Prop. 65 Notices: Unleaded Gasoline Notices Emerge as a...
Two thousand twenty-three was no exception to the trend of recent years in the ever-increasing issuance of private enforcer-led Proposition 65 60-Day Notices of Violation (“Notices”) to businesses...
View ArticleFirefighting Foam Lawsuits Allege AFFF Linked to Increased Cancer Risk in...
Aqueous film-forming foam, or AFFF, has been linked to an increased risk of several types of cancer, including kidney cancer, testicular cancer, and pancreatic cancers. Civilian and military...
View ArticleMotion for Partial Summary Judgment of Regulator Manufacturer Denied
Court: Supreme Court of the State of New York, New York County (NYCAL) - Plaintiff John B. Daly, Jr. worked as a mechanic for Consolidated Edison Company from 1976 to 2012. He alleged exposure to...
View ArticleFebruary 2024 Bounty Hunter Plaintiff Claims
California’s Proposition 65 (“Prop. 65”), the Safe Drinking Water and Toxic Enforcement Act of 1986, requires, among other things, sellers of products to provide a “clear and reasonable warning” if use...
View ArticlePremises Defendant’s Motion to Dismiss for Failure to State a Claim Granted
Plaintiff Marvin Evans was diagnosed with lung cancer in September 2022. Subsequently, the plaintiff sued a number of defendants in the Civil District Court for Orleans Parish, alleging that his lung...
View ArticleBoiler Manufacturer’s Motion for Summary Judgment Denied
Supreme Court of New York, New York County (NYCAL) - In this asbestos action, plaintiff Thomas Bassier alleged that he suffered injury as a result of exposure to asbestos-containing products...
View ArticleEPA’s Final EtO Rule Finally Finalized
The Environmental Protection Agency on March 14 announced final amendments to the National Emission Standards for Hazardous Air Pollutants (NESHAP) applicable to 90 large commercial sterilization...
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