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...
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 at recent oral arguments on...
Last year, we wrote regarding a recommendation by the National Academy of Sciences (NAS) to offer patients PFAS blood testing for patients suspected to have had high levels of PFAS exposure. Now, several politicians are taking the NAS recommendations one step further...
Perhaps unsurprising to those entrenched in PFAS issues, the EPA issued a memorandum today in which it clearly delineates PFAS EPA enforcement as a priority of the agency for the remainder of 2023 and into 2024. While the last couple of years have seen unprecedented...
We previously reported on the EPA's expansion of the Toxics Release Inventory (TRI) reporting requirements to include 189 types of PFAS. Now, the EPA is prepared to send a proposal to the White House Office of Management and Budget (OMB) that would curtail the "de...
In June 2023, news outlets of all varieties reported on the proposed settlements by DuPont ($1.185 billion) and 3M (up to $12.5 billion) to resolve the water utility claims pending on the PFAS MDL in South Carolina. Both proposals were significant steps towards...
2023 has proven to be an extremely busy year for states filing PFAS lawsuits seeking environmental pollution remediation costs from PFAS manufacturers and AFFF manufacturers. We previously wrote regarding Illinois (February), Maine (April), Kentucky (April), and Rhode...
The first Ethylene Oxide (“EtO”) trial went to verdict in September 2022, and a Cook County (Illinois) jury awarded $363 million to a plaintiff who alleged that she developed breast cancer as a result of EtO emissions from the Sterigenics Willowbrook plant. This was...
We previously reported on the EPA‘s long-anticipated proposed rule to designate PFOA and PFOS as “hazardous substances” under CERCLA. The public comment period for the CERCLA PFAS proposed rule closed on November 7, 2022, and the EPA is now undertaking a review of the...
In June 2023, news outlets of all varieties reported on the proposed settlements by DuPont ($1.185 billion) and 3M (up to $12.5 billion) to resolve the water utility claims pending on the PFAS MDL in South Carolina. Both proposals were significant steps towards...