News & Analysis as of

Toxic Exposure Risk Management

Akerman LLP

Georgia Federal Court Applies “Fungi or Bacteria” Exclusion and Holds Insurer Owed No Duty to Defend Mold Exposure Wrongful Death...

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In Nationwide Property & Casualty Insurance Company v. Hampton Court, L.P., et al. the United States District Court for the Northern District of Georgia granted an insurer's motion for judgment on the pleadings that it owed...more

Keller and Heckman LLP

January 2025 Bounty Hunter Plaintiff Claims

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Exploring Trends in California’s Proposition 65: Claims, Chemicals, Products, and More - California’s Proposition 65 (“Prop. 65”), the Safe Drinking Water and Toxic Enforcement Act of 1986, requires, among other things,...more

Bergeson & Campbell, P.C.

Community and Environmental Groups File TSCA Section 21 Petition Seeking the Phase Out of Hydrogen Fluoride in Domestic Oil...

The Natural Resources Defense Council (NRDC) announced on February 11, 2025, that community and environmental groups submitted a petition under Section 21 of the Toxic Substances Control Act (TSCA) to the U.S. Environmental...more

McGlinchey Stafford

Defending Manufacturers Against PFAS Claims: Legal Strategies and Challenges

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As litigation involving per- and polyfluoroalkyl substances (PFAS) continues to rise, manufacturers of PFAS-containing products face significant legal and financial risks. Plaintiffs, including individuals, communities,...more

Faegre Drinker Biddle & Reath LLP

Biden’s 11th-Hour Ethylene Oxide Decision Continues the Environmental Protection Agency’s Expansion Into Occupational Safety

On January 14, 2025, the Biden administration’s U.S. Environmental Protection Agency (EPA) posted a last-minute “interim” decision in the Federal Register for its review of ethylene oxide (EtO) under the Federal Insecticide,...more

Keller and Heckman LLP

December 2024 Bounty Hunter Plaintiff Claims

Keller and Heckman LLP on

Exploring Trends in California’s Proposition 65: Claims, Chemicals, Products, and More - California’s Proposition 65 (“Prop. 65”), the Safe Drinking Water and Toxic Enforcement Act of 1986, requires, among other things,...more

Ius Laboris

Things Are Hotting Up: Wildfires in Brazil and the Law in Brazil and Elsewhere

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Wildfires in Brazil have been a recurring and worrying phenomenon since 2022, with devastating impacts. The fires have impacted the environment, biodiversity, farming, cattle ranching, and human health as a whole,...more

Stinson LLP

EPA Releases Risk Management Program Final Rule

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On March 1, 2024, the U.S. Environmental Protection Agency (EPA) signed its final “Accidental Release Prevention Requirements: Risk Management Programs Under the Clean Air Act; Safer Communities by Chemical Accident...more

Harris Beach Murtha PLLC

Results in Toxic Exposure/Product Liability Trials Continue Trend of Irrational "Nuclear" Verdicts

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“Nuclear” verdicts are awards that are exceptionally high, eclipsing what would be a rational, reasonable, or expected amount based on the evidence. Three recent jury verdicts awarding unreasonably large compensatory and...more

Goldberg Segalla

Next On EPA’s Chopping Block: Trichloroethylene

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The Environmental Protection Agency has proposed a risk management rule as part of the Toxic Substances Control Act (TSCA) that would ban the production, processing and distribution of trichloroethylene (TCE) for all uses....more

K&L Gates LLP

American Law Institute Vote on Medical Monitoring Could Spur Increased "No-Injury" Claims

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The American Law Institute is scheduled to vote shortly on a new proposed rule for its Restatement (Third) of Torts that would recognize a claim for medical monitoring, even in the absence of physical injury. Companies in all...more

Maron Marvel

The Supreme Court of South Carolina Grants Certiorari in Jolly v. Gen. Elec. Co., Agreeing to Review Setoff Calculation and...

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On September 1, 2021, the South Carolina Court of Appeals affirmed the circuit court’s verdict and additur in favor of Plaintiffs in the matter of Beverly Dale Jolly and Brenda Rice Jolly v. Gen. Elec. Co., et al. Fisher...more

J.S. Held

SARS-CoV-2 Disinfection and Potential Overuse Adverse Health Effects

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The use of surface disinfection products boomed during the COVID-19 pandemic. These products continue to flourish as a mechanism to reduce the transmission of the severe acute respiratory syndrome coronavirus (SARS-CoV-2 that...more

Schwabe, Williamson & Wyatt PC

Oregon OSHA on Protecting Workers During Wildfire Smoke Conditions

As Oregon continues to deal with an unprecedented wildfire season and the lingering effects of the state’s air quality, Oregon Occupational Safety and Health (“OSHA”) has released best practices for employers whose employees...more

Seyfarth Shaw LLP

Reminder — Cal/OSHA Emergency Regulation to Protect Workers from Wildfire Smoke Now in Effect

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Seyfarth Synopsis: CalOSHA emergency regulation for workers exposed to wildfire smoke.. With wildfires now active in many parts of California, it’s important that employers in California remember Cal/OSHA’s emergency...more

Hogan Lovells

OEHHA Proposes Significant Amendment on Determining the Daily Intake of Listed Chemicals as Causing Reproductive Toxicity

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Last week, the California Office of Environmental Health Hazard Assessment (OEHHA), the lead agency that implements California’s Proposition 65, proposed an amendment to the existing regulation requiring: (1) the average...more

McNees Wallace & Nurick LLC

Enforcement of OSHA’s Silica Standards in Full Swing

In March 2016, OSHA published its standards for respirable crystalline silica in general industry/maritime (29 C.F.R. § 1910.1053) and in construction (§ 1926.1153), both of which have been phased in. ...more

Troutman Pepper Locke

Tightening Silica Exposure Standards

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On June 23, the Occupational Safety and Health Administration (OSHA) implemented one of the final legs of a new rule limiting worker exposure to crystalline silica (or simply “silica”). ...more

Lewitt Hackman

Su-PERFLUO-us? More Chemicals Added to Prop 65 List

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Business owners manufacturing, buying, selling, or importing products in California already know about the state’s Prop 65 law. But do they also know every single chemical or substance that is on that list?...more

Stinson LLP

Emerging Trends Newsletter - Q3

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We are thrilled to bring you the third installment of Stinson Leonard Street's Emerging Trends newsletter. We are proud of the depth and breadth of experience and knowledge across our firm's 13 offices nationwide and are...more

Bergeson & Campbell, P.C.

TSCA Reform: An Analysis of Key Provisions and Fundamental Shifts in the Amended TSCA

The Frank R. Lautenberg Chemical Safety for the 21st Century Act (Lautenberg) makes important changes to the Toxic Substances Control Act (TSCA) that result in fundamental shifts in the requirements and approach under the...more

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