News & Analysis as of

Contamination

J.S. Held

Understanding PFAS in Apparel and the Risks of Product Liability and Environmental Exposure

J.S. Held on

THE EXPANDING SOURCES AND COSTS OF PFAS CONTAMINATION - Per- and polyfluoroalkyl substances (PFAS) investigation and litigation in the last few years has predominantly been focused on impacts which ultimately originate...more

MG+M The Law Firm

Bitter Aftertaste: PFAS Found in US Beer

MG+M The Law Firm on

The Environmental Science & Technology Journal found in a 2025 study that 95% of 23 tested beers brewed across the United States contain varying levels of per- and polyfluoroalkyl substances (PFAS). PFAS are synthetic...more

Farella Braun + Martel LLP

Sixth Circuit Rules that Party Found Liable under CERCLA Section 107 Is Not Entitled to Declaratory Relief for Future Cleanup...

On May 12, 2025, the Sixth Circuit issued a published decision in Georgia-Pacific Consumer Prods. LP, et al. v. NCR Corp. finding that a party previously found liable under CERCLA Section 107 is not entitled to declaratory...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Fund Eligibility/Storage Tank Enforcement: Tennessee Department of Environment and Conservation Proposed Order Addressing...

The Tennessee Department of Environment and Conservation (“TDEC”) issued a May 14th Order and Assessment (“Order”) to Greeneville Oil and Petroleum, Inc. and 737 Grace 1, LLC (collectively,“Respondent”) addressing alleged...more

MG+M The Law Firm

EPA Terminates Research Grants on PFAS Exposure and Reduction in Agriculture

MG+M The Law Firm on

The Environmental Protection Agency (EPA) recently terminated over $15 million in grants for research aimed to reduce potential exposure to “forever chemicals,”, i.e., per and poly-fluoroalkyl substances (PFAS), from food to...more

Lowenstein Sandler LLP

TSCA Citizen Suit and Public Nuisance Claims Dismissed by EDNY

On May 19, the Eastern District of New York (the Court) dismissed claims brought by the Town of Oyster Bay, New York (the Town) under Section 20(a)(1) of the Toxic Substances Control Act (TSCA)1 and for public nuisance...more

McGlinchey Stafford

Strategic Risk Mitigation for Insurance Providers Amidst PFAS-Related Environmental Liability

McGlinchey Stafford on

The increasing volume of litigation involving Poly- and Perfluoroalkyl Substances (PFAS) presents substantial financial and operational uncertainties for the insurance sector. Due to their environmental persistence and...more

Mitchell, Williams, Selig, Gates & Woodyard,...

PFAS/Arkansas Natural Resources Commission: Arkansas Advocate Article Notes Approval of $1.8 Million Grant for Surface Water...

The publication Arkansas Advocate noted in a May 21st article that the Arkansas Natural Resources Commission (“ANRC”): …approved a $1.8 million grant Wednesday to test surface waters for PFAS, the first known statewide...more

J.S. Held

Managing Contents Claims After a Wildfire: Restoration, Testing, and Insurance Strategies

J.S. Held on

Understanding Contents Damage and Contamination After a Wildfire - When dealing with affected personal property (contents) after a wildfire, it is important to understand that each loss location is unique and that there is...more

Sheppard Mullin Richter & Hampton LLP

Unpacking EPA’s PFAS Announcement: Addressing Contamination with Ambiguity Ahead

The U.S. Environmental Protection Agency (EPA) announced a comprehensive set of actions to address per- and polyfluoroalkyl substances (PFAS) contamination on April 28, 2025, with a focus on preventing PFAS from entering...more

Cozen O'Connor

Democratic AGs Go For Broke on PFAS Manufacturer Bankruptcy Deal

Cozen O'Connor on

A group of six Democratic AGs filed an objection to a proposed bankruptcy plan for firefighting foam manufacturer Kidde-Fenwal, Inc. (“KFI”), claiming that the deal would allow KFi to avoid billions in potential liabilities...more

McGlinchey Stafford

Sixth Circuit Clarifies CERCLA Statute of Limitations

McGlinchey Stafford on

On May 12, 2025, the U.S. Court of Appeals for the Sixth Circuit issued a pivotal decision addressing the timing of contribution claims under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA),...more

Goldberg Segalla

Decoding a Landmark Case: Environmental Laws and Legal Strategy in New Jersey’s PFAS Trial against DuPont

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A high-stakes environmental trial is unfolding in New Jersey, where the state is taking on E.I. DuPont de Nemours and its related entities over widespread PFAS contamination at the former Chamber Works facility in Salem...more

Troutman Pepper Locke

New Jersey AG Platkin Reaches $450M PFAS Settlement With 3M

Troutman Pepper Locke on

On May 13, New Jersey Attorney General (AG) Matthew Platkin announced a proposed $450 million settlement agreement with 3M regarding allegations that, among other issues, contamination of perfluoroalkyl and polyfluoroalkyl...more

Lowenstein Sandler LLP

How Long is Forever? PFAS Chemicals in Commercial Real Estate

Lowenstein Sandler LLP on

In this episode of "Terra Firma: Conversations on Commercial Real Estate," Kegan A. Brown, partner in Lowenstein's Environmental Law & Litigation group, joins Real Estate partner Kimberly E. Lomot for a discussion on PFAS,...more

Bergeson & Campbell, P.C.

U.S. State PFAS Initiatives — A Conversation with Richard E. Engler, Ph.D. and Carla N. Hutton

This week, I discuss with my colleagues, Carla N. Hutton, Senior Regulatory Analyst for B&C, and Dr. Richard E. Engler, Director of Chemistry for B&C and The Acta Group (Acta®), our consulting affiliate, the ever-expanding...more

Cozen O'Connor

New Jersey Secures $450 Million Settlement with 3M over PFAS Contamination

Cozen O'Connor on

New Jersey AG Matthew Platkin announced a $450 million settlement with 3M to resolve allegations that the company contaminated the state’s water supplies with harmful “forever chemicals,” or PFAS. According to the state’s...more

Fox Rothschild LLP

EPA Keeps MCL for PFOA and PFOS, Extends Compliance Deadline, and Intends to Rescind MCL for PFHxS, PFNA, GenX, and PFBS

Fox Rothschild LLP on

EPA announced on May 14, 2025 that it will maintain the Maximum Contaminant Level (“MCL”), also known as the national primary drinking water standard, for two PFAS, perfluorooctanoic acid (“PFOA”) and perfluorooctanesulfonic...more

Pillsbury - PFAS Observer

3M Agrees to Enter into Settlement with State of New Jersey and Pay up to $450 Million to Resolve Present and Future PFAS...

On May 12, 2025, 3M announced an agreement with the State of New Jersey to resolve two sets of legal liabilities related to PFAS contamination: (1) all claims that the company is currently facing or has faced related to PFAS...more

Goldberg Segalla

Breaking News: Significant PFAS Settlement in New Jersey

Goldberg Segalla on

Another major settlement was announced this week in New Jersey in consolidated cases filed by the New Jersey Department of Environmental Protection and other state entities. (You can review the Judicial Consent Order here as...more

DLA Piper

Daly v. The Wonderful Company LLC: Key Considerations for Consumer Product Contaminant Litigation

DLA Piper on

On May 7, 2025, the US District Court for the Northern District of Illinois issued a significant decision in Daly v. The Wonderful Company LLC, No. 24 C 1267 (N.D. Ill.). The court dismissed with prejudice a putative class...more

K&L Gates LLP

Litigation Minute: Tough to Swallow: Increased State Regulation of and Attention on Contaminants in Food

K&L Gates LLP on

What You Need to Know in a Minute or Less - Until recently, state regulators largely deferred to the US Food and Drug Administration (FDA) to scrutinize and regulate contaminants in food, such as heavy metals. In the past...more

Lowenstein Sandler LLP

Petroleum Exclusion Reaffirmed Despite Assertions of Hazardous Substances Within It: Middle District of North Carolina CERCLA...

Lowenstein Sandler LLP on

On May 8, the Middle District of North Carolina granted summary judgment dismissing cost recovery and declaratory judgment claims brought under the Comprehensive Environmental Response, Compensation, and Liability Act...more

Morris, Manning & Martin, LLP

Policyholder Lessons from IBM Environmental Remediation Suit Against Insurers

IBM recently filed a declaratory judgment action against multiple insurers seeking coverage for environmental remediation costs. The complaint contains lessons for policyholders facing long-tail environmental exposure claims....more

Holland & Knight LLP

Economic Harm Claims from Purportedly Contaminated Baby Food Dismissed for Lack of Injury

Holland & Knight LLP on

Past presentations and posts have addressed the defense of consumer class action cases via motions to dismiss for lack of subject matter jurisdiction. Briefly, most consumer class action cases are brought in (or removable to)...more

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