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Dechert Re:Torts - October 2024

Uber Drives Dual MDL Challenges to Ninth Circuit - Key Takeaways - Ninth Circuit review of Uber’s non-consolidation clauses in an MDL context could generate new precedent on the enforceability of similar clauses and shape...more

EPA Designates Two PFAS as CERCLA Hazardous Substances

U.S. Environmental Protection Agency (“EPA”) has designated PFOA and PFOS as "Hazardous Substances" under CERCLA, marking the agency's first use of Section 102(a) authority and signaling potential widespread industry impact...more

PFAS: The Rising Tide of Regulatory Compliance and Litigation Risks

EPA Strengthens Focus on PFAS - Late last month, U.S. EPA finalized a rule requiring current and historical manufacturers and importers of perfluoroalkyl substances (PFAS) and PFAS-containing materials to report on PFAS...more

EPA Proposes National Drinking Water Regulation for Six PFAS Compounds

EPA has announced proposed national drinking water standards for six PFAS compounds, including PFOA and PFOS. The regulation would create enforceable Maximum Contaminant Levels for these PFAS, and states would be required...more

EPA Issues New Guidance on Limiting Exposure to PFAS in Drinking Water

The U.S. Environmental Protection Agency (EPA) announced new interim lifetime drinking water health advisories for perfluorooctanoic acid (PFOA) and perfluorooctane sulfonic acid (PFOS), as well as final health advisories for...more

FDA Requires “Patient-Decision Checklists” for Breast Implants: What Could This Mean for Industry?

After two years of consideration, the FDA has restricted the sale of breast implants to healthcare providers that use an FDA-approved patient-decision checklist to discuss the benefits and risks of the implants with patients....more

New York’s Green Amendment: How Guidance from Other States Can Shape the Development of New York’s Newest Constitutional Right

Key Takeaways Likened by some to motherhood and apple pie, the Environmental Rights Amendment was adopted by New York with a resounding “Yes” on November 2, 2021, with approximately 68% of voters approving the new amendment....more

Litigation Risks in FDA Remote Interactive Evaluations

Key Takeaways - The COVID-19 pandemic led the U.S. Food and Drug Administration (FDA) to pause most foreign and domestic inspections and begin conducting remote interactive evaluations.  FDA has since issued a written policy...more

PFAS: Expected Litigation Trends

Key Takeaways - The PFAS litigation landscape – already involving PFAS manufacturers and purchasers of PFAS-containing fluoropolymers and firefighting films – is in the process of expanding, which is putting new companies and...more

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