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Toxic Torts Constitutional Law

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Pillsbury - PFAS Observer

EPA Issues Proposed Rule Adding New PFAS to the Toxics Release Inventory (TRI)

On October 1, 2024, the U.S. Environmental Protection Agency (EPA) proposed to add 16 individual per- and polyfluoroalkyl substances (PFAS) as well as 15 PFAS categories, representing over 100 PFAS to the Toxics Release...more

Pillsbury - PFAS Observer

EPA Gathering Information for Another Possible TSCA Section 6 Rulemaking

On September 30, 2024, the U.S. Environmental Protection Agency (EPA) issued a notice seeking comment on the manufacture of certain per- and polyfluoroalkyl substances (PFAS) during the fluorination of high-density...more

Goldberg Segalla

Court Denies Plaintiff’s Attempt to Reinstate Prior Claim of Post 1969 Exposure

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U.S. District Court for the Eastern District of Louisiana - Plaintiff Robert Stephen Sentilles was diagnosed with mesothelioma in October 2020. He filed his suit asserting negligence and strict liability claims against...more

Amundsen Davis LLC

PFAS: Protecting Your Business From ‘Forever Chemical’ Litigation

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Perfluoroalkyl and polyfluoroalkyl substances (PFAS) are a group of nearly 15,000 chemicals with heat, grease, oil, water, and stain resistant properties. They may be found in consumer products like food packaging, non-stick...more

Greenberg Glusker LLP

California Prop 65 Suit Targets PFAS in Feminine Care Products

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On Monday, consumer group, Ecological Alliance, LLC, filed a lawsuit against the makers of the Carefree brand of menstrual liners, Edgewell Personal Care Brands, LLC, alleging that the liners contained perfluorooctanoic acid...more

Hinshaw & Culbertson - Lawyers for the...

Arbitration Clause in Attorney-Client Agreement Deemed Unenforceable Due to Lack of Informed Consent

Bryan Dick-Ipsen v. Humphrey, Farrington & McClain, P.C., et al., 2024 IL App (1st) 241043 - Brief Summary - The First District Appellate Court in Illinois affirmed the trial court's denial of a defendant law firm's motion to...more

Foley Hoag LLP - Environmental Law

Fluoridation May Not Be A Commie Plot, But It Does Apparently Present Unreasonable Risks

Sometimes, a blog just has to be written. For those of us of a certain age, Sterling Hayden's speech as Jack D. Ripper in Dr. Strangelove concerning the Communist plot to fluoridate our water is iconic. Well, it turns out...more

MG+M The Law Firm

States Push EPA to Classify PFAS as Hazardous Air Pollutants

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Three states—North Carolina, New Mexico and New Jersey—are calling on the Environmental Protection Agency (EPA) to regulate certain per- and polyfluoroalkyl substances (PFAS) as hazardous air pollutants. The states seek to...more

Goldberg Segalla

Plaintiffs’ Appeal to Reverse Defendants’ Daubert Motion In Limine was Granted

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Court of Appeal of Louisiana, Fourth Circuit - In this action, plaintiff Climmie Craft filed suit in this matter asserting that she contracted asbestos-related lung cancer as a consequence of her take-home exposure to...more

Wiley Rein LLP

TSCA 2024 CDR Reporting Deadline Extended -- Confirm Your CBI is Protected

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On September 27, 2024, the U.S. Environmental Protection Agency (EPA) published a final rule extending the submission deadline for the 2024 Toxic Substances Control Act (TSCA) Chemical Data Reporting (CDR) from September 30...more

Clark Hill PLC

Clark Hill 2024 Automotive & Manufacturing Industry Review: Environment, Energy & Natural Resources

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The Supreme Court’s repeal of Chevron deference and multiple activities regarding per- and polyfluoroalkyl substances (PFAS) were among the significant developments for manufacturers during the first half of 2024....more

Marshall Dennehey

Asbestosis Takes the Stand: Raising Awareness of an Abnormally High Verdict for a Typically Low Value Case

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Key Points: Asbestosis claims are usually considered to be on the lower end of settlements for asbestos law cases. A verdict of $25 million was returned by a jury in Philadelphia, where the last asbestosis case verdict was...more

Clark Hill PLC

PFAS “Lookback” Reporting: Delayed in the US, Moving Ahead in Canada

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As regulatory activity and litigation concerning per- and polyfluoroalkyl substances (“PFAS”) continue to pick up across the U.S. and around the world, recent developments in North America highlight one of the challenges...more

Goldberg Segalla

Is a Settlement of the Ohio Train Derailment Environmental Incident Imminent?

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On September 13, plaintiffs in the U.S. District Court for the Northern District of Ohio action pending against Norfolk Southern arising out of last year’s train derailment and toxic chemical spill in East Palestine filed a...more

Wiley Rein LLP

U.S. District Court in DC Breaks New Ground for TSCA Transparency

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The U.S. District Court for the District of Columbia recently found, in what it described as a “question of first impression,” that Section 5(b)(3) of the Toxic Substances Control Act (TSCA), a provision requiring public...more

Integral Consulting Inc.

New Hampshire PFAS Bill Signed into Law

On August 2nd, Governor Chris Sununu of New Hampshire signed into law House Bill 1649, which bans the sale of certain products with intentionally added PFAS effective January 1, 2027. Per- and polyfluoroalkyl substances...more

ArentFox Schiff

Navigating the PFAS Landscape: Emerging Trends in Litigation

ArentFox Schiff on

The per- and polyfluorinated substances (PFAS) landscape is rapidly developing as manufacturers and sellers of consumer products face increased litigation. One emerging pattern is lawsuits alleging a failure to disclose the...more

Alston & Bird

EPA Extends Deadline for PFAS Reporting Under TSCA

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The Environmental Protection Agency (EPA) has extended the deadline for reporting on per- and polyfluoroalkyl substances (PFAS) under the Toxic Substances Control Act. Our Environment, Land Use & Natural Resources Group...more

Goldberg Segalla

$2.3M Verdict as to Equipment Manufacturer Upheld on Appeal

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Court: Superior Court of Pennsylvania - Decedent Thomas Constantine was diagnosed with mesothelioma in December 2016. Mr. Constantine’s estate alleged that his mesothelioma was caused by exposure to asbestos during his...more

Lowenstein Sandler LLP

NJ Department of Environmental Protection Ramps Up Enforcement Activity Under the Toxic Packaging Reduction Act Ahead of Proposed...

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Recent anecdotal evidence suggests that the New Jersey Department of Environmental Protection (NJDEP) is restarting enforcement activities under a seldom-used consumer packaging law originally adopted in 1990: the Toxic...more

Fox Rothschild LLP

EPA Extends TSCA Section 8(a)(7) Reporting Deadline

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On September 5, 2024, the U.S. Environmental Protection Agency (EPA) announced an 8-month extension of EPA’s final reporting and recordkeeping requirements for per- and polyfluoroalkyl substances (PFAS) under Section 8(a)(7)...more

Goldberg Segalla

Plaintiffs’ Motion to Remand Denied

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Jurisdiction: United States District Court for the Middle District of Louisiana - Plaintiffs Claudette Washington Skidmore and Courtney Skidmore Williams brought claims against several defendants after the death of their...more

Farella Braun + Martel LLP

Recent Increase in Prop 65 60-Day Notices Targeting Diethanolamine in Cosmetics

There has been a recent increase in the number of Prop 65 60-Day Notices targeting diethanolamine in cosmetics.  Diethanolamine is generally used in cosmetics as an emulsifier and to adjust pH, and it was listed under Prop 65...more

Oberheiden P.C.

Everything You Need to Know About PFAS Lawsuits Over Forever Chemicals

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Class actions and multidistrict litigation (MDL) concerning perfluoroalkyl and polyfluoroalkyl substances (PFAS) have led to massive settlements by chemical companies that have totaled in the billions of dollars, and that has...more

Goldberg Segalla

Court Rejects Motion to Remand Asbestos Exposure Case to State Court

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Jurisdiction: United States District Court for the Eastern District of Louisiana - Plaintiff Irma Lee LaGrange filed a motion in this asbestos action seeking the court to decline supplemental jurisdiction and remand to state...more

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