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...
Toxic Tort
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...
TSCA PFAS Final Reporting Rule Is Here
We have previously written regarding EPA's efforts to create new PFAS rulemaking under the Toxic Substances Control Act (TSCA). On September 28, 2023, EPA released its TSCA PFAS final rule, which significantly expanded reporting and recordkeeping practices related to...
PFAS and Consumer Goods On the Radar (Again)
PFAS and consumer goods has received ever-increasing attention in the last couple of years, as private citizens, media, and certain litigation has focused more on the topic. Now, the Consumer Product Safety Commission (CPSC) enters the fray with a significant Request...
Bloomberg Interviews John Gardella On PFAS MDL Settlements
Attorney John Gardella was recently interviewed by Pat Rizzuto, reporter for Bloomberg Law, for her article regarding the proposed DuPont and 3M settlements in the AFFF MDL. Ms. Rizzuto is a Senior Chemicals’ Reporter for Bloomberg Law that has closely following and...
PFAS AFFF MDL Settlements Moving Forward
Since we last provided an update earlier this month on the proposed settlements put forth by the parties in the PFAS AFFF MDL, a few significant steps forward have been taken towards finalizing the settlements by year end. In June 2023, news outlets of all varieties...
PFAS State AG Lawsuits Increase Again In August
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 regarding Illinois (February), Maine (April), Kentucky (April), Rhode Island,...
EPA Continues To Implement Stricter Ethylene Oxide Air Toxics Rules
As we have note in prior posts, the Biden administration and the EPA have been emphasizing environmental justice, including a stronger focus on the negative health effects of Ethylene Oxide (EtO), an industrial solvent widely used as a sterilizing agent for medical...
Ethylene Oxide: Key Decision From Delaware Supreme Court
In 2021, we discussed how a Delaware federal court weighed in as to whether or not Delaware tort law recognized a viable cause of action based on fear of cancer resulting from Ethylene Oxide (EtO) emissions (holding that it did not). In that decision, Judge Stephanos...