In April 2023, we wrote regarding the state of Maine's unique approach to litigating seeking costs for remediation for PFAS in the state's environment. Maine was the first state to bring two such lawsuits - one related to AFFF pollution allegations and one for PFAS...
Toxic Tort
PFAS MDL Settlements: Red Herrings For Downstream Companies
Leading up to the aqueous film-forming foam (AFFF) MDL litigation bellwether trial in June 2023, questions circulated regularly about the end game for the water utilities that had filed lawsuits alleging PFAS contamination to drinking water. With several hundred...
EPA PFAS Air Testing Methods Signals Step Towards Emissions Standards
EPA PFAS air testing method standards were recently published by the EPA to measure substances such as PFAS in air emissions. The new standard is not only applicable to PFAS and is broader in reach; however, it would apply to PFAS. While the EPA previously issued...
Ohio PFAS Lawsuit Settled For $100 Million
On December 1, 2023, it was announced that the state of Ohio had settled an environmental pollution lawsuit (State of Ohio v. E.I. du Pont de Nemours and Co., et al.) against DuPont (and spinoff companies Chemours and Corteva) for $110 million. The case pertained to...
IARC PFAS Findings Will Influence Litigation and EPA Challenges
On December 1, 2023, the International Agency For Research On Cancer (IARC) released its findings with respect to the carcinogenicity of PFOA and PFOS, which was the result of a conference held in Lyon, France in November 2023. IARC found that PFOA is "carcinogenic"...
PFAS State AG Lawsuits Update: Delaware Enters the Fray
2023 has proven to be an extremely busy year for PFAS state AG lawsuits seeking environmental pollution remediation costs from PFAS manufacturers and AFFF manufacturers. We previously wrote that Illinois (February), Maine (April), Kentucky (April), Rhode Island,...
PFAS and WHO: Major Conference This Week Will Impact Litigation
This week, the International Agency For Research On Cancer (IARC) is holding a week-long conference in Lyon, France to discuss the carcinogenicity of PFOA and PFAS. IARC is the cancer research arm of the World Health Organization (WHO) and it exists to coordinate and...
Michigan PFAS Drinking Water Case Is Appealed
On several occasions, we wrote regarding a Michigan state court ruling that struck down Michigan’s PFAS regulations related to drinking water enforceable limits, with the ensuing appeal in December 2022 by the state. We last updated that on August 22, 2023, the...
PFAS Consumer Fraud Lawsuit Update: New Protein Supplement Case In NY
On several instances, we have written regarding consumer fraud PFAS class action lawsuits filed in several states. The number of product types targeted for these lawsuits are growing and diverse in terms of the industries targeted. While there has been at least one...
PFAS Air Emissions: EPA’s Next Target
On August 9, 2023, the EPA published its proposed updated Air Emissions Reporting Rule (AERR), which seeks to allow EPA to collect air emissions data on PFAS from companies, even though PFAS are currently not designated as a chemical that can be regulated under the...