Legal Resources
John Gardella To Speak At Perrin PFAS Conference
Please join John Gardella on January 13, 2022 at 11:00am ET the Perrin's inaugural PFAS on Environmental Litigation Conference, which will be held virtually. John's speaking engagement is titled "PFAS: 2022 and Beyond – Changes Coming and Impacts On Insureds", and he...
Ethylene Oxide Emissions – New EPA Regulations
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...
Prop 65 and PFOS – Impact of the Carcinogenic Finding On Businesses
On December 6, 2021, California approved the listing of PFOS, one of the more prominent chemicals in the PFAS class, as a carcinogen under the California Proposition 65 ("Prop 65") laws. Prop 65 and PFOS have a history of prior regulatory steps; however, the...
Ethylene Oxide Litigation Update
We previously examined the EPA’s increased activity with respect to Ethylene Oxide (EtO), which it considers a human carcinogen. Just as the EPA is increasing its attention to EtO, though, so, too, are several states experiencing an uptick in ethylene oxide...
“No Safe Level Of PFAS” – The Next Litigation Soundbite
In a previous article, we examined the EPA's recent findings with respect to two types of PFAS (PFOA and PFOS) and their effects on human health. We predicted that the scientific findings that the EPA submitted to the Scientific Advisory Board (SAB) will lead to...
PFAS Standards In Pennsylvania Now Set
On November, 2021, Pennsylvania officially publishes PFAS soil standards for cleanup processes in the state. It is important to note that the soil concentrations would not create liability standards, at least not explicitly. Instead, the standards aim to be guidelines...
PFAS Ban For Food Packaging Proposed
On November 18, 2021, the Keep Food Containers Safe from PFAS Act ("Act") was introduced in the Senate and House, which proposes a PFAS ban for food packaging in the United States. The bill, while incredibly brief, would accelerate efforts already underway by the food...
PFAS Drinking Water Issues Get $10 Billion In Funding
On November 15, 2021, President Biden signed into law the Infrastructure Investment and Jobs Act ("Act"), a sweeping $1.2 trillion piece of legislation that advances some of President Biden's campaign promises into action. One component of the legislation is $10...
EPA PFAS Drinking Water Limits May Be Much Lower Than Predicted
For many years, the question of the EPA PFAS drinking water limits centered on "when will the EPA set binding limits for PFAS in drinking water?" With the EPA's introduction of the PFAS Strategic Roadmap in October 2022, the question shifted away from "when" to "what...
Ethylene Oxide Legislative Updates
In our last report, we discussed the EPA’s increased activity with respect to Ethylene Oxide (EtO), which it considers a human carcinogen. As we discuss below, however, on the local level, many of the states are also legislating EtO emissions. The below are not the...
Vermont PFAS Settlement For Over $30 Million – Key Takeaways
On November 10, 2021, counsel for plaintiffs in a Vermont PFAS lawsuit filed a Memorandum In Support of Motion For Preliminary Approval of Class Action Settlement seeking Court approval of a settlement agreement of over $30 million to resolve claims of drinking water...
ASTM PFAS Changes Mean Significant Impact On Dealmakers
In June 2021, we predicted that the American Society for Testing and Material (“ASTM”) would revise its existing "gold standard" for environmental due diligence - the Phase I environment site assessment - to update certain definitions, recommended processes, and for...