On February 28, 2024, a class action lawsuit was filed in the Connecticut federal court alleging that PFAS air emissions caused contamination to nearby land to a tissue facility that in the past manufactured diapers. The case, Bethany DePaul, et al v. Kimberly Clark,...
We previously provided an update on the AFFF MDL settlements by DuPont and 3M of the hundreds of water utility claims on the docket. After a final fairness hearing with the Court in December 2023, the DuPont proposed settlement of $1.185 billion was approved by the...
We previously reported on the EPA‘s long-anticipated proposed rule to designate PFOA and PFOS as “hazardous substances” under CERCLA. After an extensive public comment period, the EPA's proposed final rule was sent to the White House Office of Management and Budget...
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...
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 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...
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...
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"...
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,...
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...