Legal Resources
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...
PFAS Legislative Developments (October 2023)
October 2023 PFAS Legislative Developments October Legislation Tracking (October 1 – October 31)Current Trends in Legislation – October 2023Federal Legislature Two Federal bills introduced in September. One bill requires the Secretary of Defense to request...
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...
Bloomberg Interviews John Gardella On PFAS Bankruptcies Growing In Number
Attorney John Gardella was recently interviewed by Alex Wolf, reporter for Bloomberg Law, for his article regarding how companies might be viewing bankruptcy court protection in light of the estimated trillions of dollars of costs to companies on the horizon to deal...
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...
PFAS Legislative Developments (September 2023)
September 2023 PFAS Legislative Developments September Legislation Tracking (September 1 – September 30)Current Trends in Legislation – September 2023Federal Legislature One Federal bill introduced in September, designed to begin replacing PFAS in materials used in...
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...