On December 26, 2024, New York enacted a law requiring certain energy companies to contribute cumulatively $75 billion to a climate "superfund" over the next 25 years....more
1/10/2025
/ Carbon Emissions ,
Clean Air Act ,
Climate Change ,
Constitutional Challenges ,
Energy Sector ,
Environmental Litigation ,
Environmental Policies ,
Greenhouse Gas Emissions ,
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New York ,
Oil & Gas ,
Regulatory Reform ,
State and Local Government ,
Superfund
In November 2024, the U.S. Environmental Protection Agency ("EPA") released its National Strategy to Prevent Plastic Pollution, a comprehensive plan with the goal of eliminating the release of plastic waste into the...more
The Law: California enacted the Responsible Textile Recovery Act of 2024, the first extended producer responsibility law for clothing producers in the United States....more
The White House revealed its latest strategy to address PFAS, and the EPA extended the reporting deadline for its PFAS reporting rule....more
9/18/2024
/ Biden Administration ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
Final Rules ,
Hazardous Substances ,
Manufacturers ,
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Public Health ,
Reporting Requirements ,
Statutory Deadlines ,
Strategic Planning ,
Toxic Chemicals ,
Toxic Substances Control Act (TSCA)
In reversing a lower court ruling, the D.C. Court of Appeals makes actionable vague, aspirational statements of sustainability as deceptive and misleading representations under the D.C. Consumer Protection Procedures Act...more
In what appears to be a new pathway for PFAS litigation, California plaintiffs recently filed a lawsuit against the manufacturer of BIC razors stemming from disclosures the company made under Maine's PFAS law, which were...more
5/30/2024
/ Class Action ,
Contamination ,
Corporate Counsel ,
Disclosure Requirements ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
Hazardous Substances ,
Manufacturers ,
PFAS ,
Public Health ,
Toxic Chemicals
On April 19, 2024, EPA announced its highly anticipated final rule designating two polyfluoroalkyl substances ("PFAS")—perfluorooctanoic acid ("PFOA") and perfluorooctanesulfonic acid ("PFOS")—as "hazardous substances" under...more
4/22/2024
/ CERCLA ,
Contamination ,
Discharge of Pollutants ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
Final Rules ,
Groundwater ,
Hazardous Substances ,
PFAS ,
Public Health ,
Regulatory Reform ,
Superfund ,
Toxic Chemicals ,
Toxic Exposure
On April 10, 2024, the U.S. Environmental Protection Agency ("EPA") announced its highly anticipated final National Drinking Water Regulation ("NPDWR") for six per-and polyfluoroalkyl substances ("PFAS"), which establishes...more
With Assembly Bill A3556C, New York joins a growing list of states considering or enacting broad bans on the sale and distribution of products containing per- and polyfluoroalkyl substances ("PFAS")....more
4/1/2024
/ Environmental Policies ,
Importers ,
Industrial Products ,
Legislative Agendas ,
Manufacturers ,
New York ,
PFAS ,
Regulatory Agenda ,
Regulatory Reform ,
Retail Market ,
State and Local Government
The Advance Notice of Proposed Rulemaking ("ANPRM") addresses seven per- and polyfluoroalkyl substances ("PFAS"), including PFBS and GenX. ...more
The proposed amendment to NY law establishes a right to contribution for cost-recovery claims for settling parties in tort actions who clean up PFAS contamination.
Per- and polyfluoroalkyl substances ("PFAS") are synthetic...more
On December 5, 2022, the Environmental Protection Agency ("EPA") proposed a new rule that would increase reporting obligations for per- and polyfluoroalkyl substances ("PFAS") to the Toxics Release Inventory ("TRI"). PFAS are...more
New York's novel mandatory disclosure requirement is more extensive than what is required by its federal counterpart, mandating the disclosure of a litany of "information and documentation," accompanied by affidavits from a...more
New York courts will continue to scrutinize the factual basis for personal jurisdiction over non-New York defendants with a fact-intensive inquiry.
In Williams et al., v. Beemiller, Inc. et al., the New York Court of...more
The NY courts are focusing on the appropriateness of discovery sought regardless of the technology in which it is contained.
As the New York appellate courts continue to consider the discoverability of social media, on...more
On February 13, 2018, the New York Court of Appeals ruled unanimously that a user's "private" Facebook messages and photos are subject to disclosure where that information is "reasonably calculated to contain evidence...more