Legal Resources
Proposed Consent Decree – EPA & Ethylene Oxide Emissions
As previously discussed in our recent reports, the Biden administration and the EPA have been emphasizing environmental justice, which includes a focus on Ethylene Oxide (EtO), an industrial solvent widely used as a sterilizing agent for medical equipment that cannot...
$1.185 Billion PFAS Settlement For Water Utilities
On June 2, 2023, DuPont, Chemours and Corteva ("DuPont entities") announced that they had created a $1.185 billion fund to which any water utility with detectable PFAS attributable to Dupont Entities. Contribution rates will be consistent with the binding Memorandum...
EPA PFAS Enforcement Tools Lining Up For Aggressive Future
There are three significant EPA actions afoot related to PFAS that companies absolutely must pay close attention to and see as harbingers for aggressive EPA PFAS enforcement in the near future. An April 2023 PFAS-related Consent Order under the Clean Water Act,...
Minnesota PFAS Ban The Broadest In the Nation
We reported extensively on the landmark legislation passed in Maine in 2021, which was at the time the most far-reaching PFAS ban in the United States. Last week, Minnesota passed an even broader PFAS ban bill for the state that will have enormous impacts on companies...
Rhode Island PFAS Lawsuit The Latest State Action
In February 2023, we wrote regarding a PFAS pollution lawsuit filed by Illinois against manufacturers of PFAS seeking damages for alleged contamination in the state. in April 2023, two other states – Maine and Kentucky – joined the fray, becoming the latest states...
PFAS and Beyond: Restatement of Torts Will Shape Toxic Torts Litigation
Over two years ago, I wrote regarding significant updates to the Restatement of Torts that would permit medical monitoring claims even absent a present physical injury to the plaintiff(s). Now, with the American Law Institute poised to vote on the revised language...
Michigan PFAS Drinking Water Challenge Briefing Complete
We previously 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. The state filed its legal brief at the end of February 2023...
PFAS MDL Bellwether Looms and Personal Injury Trials Will Follow
We have previously provided numerous updates on key developments out of the AFFF MDL in South Carolina, including the first PFAS MDL bellwether case set for trial on June 5, 2023. In that case, the City of Stuart, Florida will present its case that it should be...
PFAS Litigation Forces Company To Seek Bankruptcy Protection – Will Others Follow?
On May 14, 2023, Kidde-Fenwal filed for bankruptcy protection in the Delaware court system, citing the costs of PFAS litigation and liabilities as untenable and substantially exceeding the company's ability to pay. By way of background, Kidde-Fenwal did not...
Greenwashing Pressures Step Up In U.S. and E.U.
In January 2022, we wrote regarding the Federal Trade Commission's (FTC's) intent to update its “Green Guides“, which “…set forth the Federal Trade Commission’s current views about environmental claims. The guides help marketers [and companies] avoid making...
John Gardella To Present On PFAS For Boston Bar Association
On May 18, 2023 from 11am - 12pm EST, please join CMBG3 Law Shareholder John Gardella and two other members of the Boston bar as they discuss litigation trends for PFAS matters in the Commonwealth of Massachusetts. During the webinar, entitled "PFAS Litigation Update:...
John Gardella To Speak On “360 View of PFAS Risks” To Companies
On May 17, 2023 at 11am EST, please join CMBG3 Law Shareholder John Gardella and Assent's Director of Sustainability, Cally Edgren, on a FREE webinar entitled "The PFAS Puzzle: A 360-View of PFAS' Multidimensional Risks." The webinar will be a dialogue between John...