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Sixth Circuit Decision Reinforces that Standing & Traceability Key in PFAS Class Actions

The recent decision by the Sixth Circuit in Hardwick and a review of the law from various jurisdictions supports the challenges that Plaintiffs face in proving standing for class certification in PFAS lawsuits. Late in 2023,...more

U.S. EPA Issues Final Rule Updating Standards for All Appropriate Inquiries

On December 15, 2022, EPA issued a final rule amending the All Appropriate Inquiries Rule (AAI Rule), 40 CFR part 312, to recognize the updated ASTM International standard for conducting Phase I environmental site assessments...more

Navigating PFAS "Reopener" Liabilities

In recent years, there has been no shortage of articles and conferences on the coming wave of PFAS litigation, and with good reason. Heightened scrutiny and tightening regulation by USEPA, the ever-growing AFFF MDL, and the...more

EPA Determines Certain PFAS Not Safe at Any Detectable Limit

In keeping with its promise to aggressively pursue regulation of PFAS, the US Environmental Protection Agency (EPA) on Wednesday, June 15th, announced new advisory limits for four kinds of PFAS, warning that the compounds are...more

Department of Justice Revives SEPs as Part of Environmental Justice Enforcement Strategy Roll Out

In recent days, the U.S. Department of Justice (DOJ) has made a series of announcements aimed at addressing environmental justice concerns and enforcement practices. The actions taken by DOJ include the establishment of the...more

Recent Food Packaging Lawsuits Against Fast Food Giants are Supersizing PFAS Litigation

The recent growth of litigation involving per- and polyfluoroalkyl substances (PFAS) has focused on firefighting foam, cosmetics cases, and industrial sites using and disposing of PFAS-containing materials. Now, emboldened by...more

The Evolution of ESG in 2022

For several years, there has been a growing expectation that all types of business organizations must pursue sustainability, address environmental risks such as climate change, and commit to diversity, inclusion, and equity....more

Federal TRI Reporting and the Illinois PFAS Reduction Act Demonstrate the Promised Expansion of PFAS Regulation is Real and...

Additional PFAS added to TRI Reporting - On January 24, 2022, the United States Environmental Protection Agency (EPA) took another step in the continuing expansion of PFAS regulation with the addition of four PFAS to the...more

U.S. EPA Takes Significant Step to Designate PFAS as CERCLA Hazardous Substance

In October 2021, the United States Environmental Protection Agency (EPA) introduced its PFAS Strategic Roadmap, laying out the agency’s approach to PFAS regulation in the coming years. One of the most highly anticipated...more

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