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...
Toxic Tort
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...
Hardwick PFAS Case: Pivotal Oral Argument Sees Pushback On Plaintiffs’ Arguments
We previously updated regarding the Hardwick v. 3M case that originated in Ohio state court and found its way to the Sixth Circuit Court of Appeals for interlocutory review. We previously wrote about the details of the Hardwick PFAS case and Ohio court’s decision to...
Recent Georgia Settlement of 79 Cases Proves That The 2022 Willowbrook Settlement May Be Just The Beginning
At the beginning of this year, we posited in an article entitled “Is the Sterigenics Settlement The First of Many Ethylene Oxide Settlements or is it Aberrational?” that the 2022 settlement by Sterigenics in the amount of $408 million to resolve 870 cases arising from...
PFAS TRI Exemptions Gone…Businesses Must Pay Attention
We previously reported on the EPA’s expansion of the Toxics Release Inventory (TRI) reporting requirements to include 189 types of PFAS and the EPA's proposal to the White House Office of Management and Budget (OMB) to curtail the “de minimus exemption” to TRI PFAS...