Legal Resources
Climate Lawsuit In The Netherlands Looks To Accelerate Change
Recently in The Netherlands, a group of over 17,000 citizens and several environmental groups sued Shell, asking the Court to require the company to reduce its emissions of carbon dioxide by 2030 by 45% of 2019 emission levels. Milieudefensie (“Friends of the Earth...
PFAS Action Plan By EPA Open To Public Comment
The Environmental Protection Agency recently requested public comment on guidance regarding its Significant New Use Rule for PFAS, accomplishing another goal under its PFAS Action Plan. This is just one of many avenues the EPA is taking to regulate per- and...
Governor Baker’s COVID-19 Closure Orders Held Constitutional
Massachusetts Governor Charlie Baker was within his constitutional authority to issue broad executive orders shutting down most of the state in an effort to restrict the spread of the coronavirus, according to the Supreme Judicial Court’s most recent opinion. The...
EPA’s Decision on Chlorpyrifos: Impact on litigation
In December 2020, EPA released its Proposed Interim Decision for the Registration Review of Chlorpyrifos (PID). The PID states that chlorpyrifos degrades into chlorpyrifos oxon, a toxic and potent acetylcholinesterase inhibitor that potentially causes...
PFAS Included In EPA Stormwater and Wastewater Permits
The U.S. Environmental Protection Agency (EPA) has introduced an interim strategy for regulating Per- and Polyfluoroalkyl Substances (PFAS) in stormwater and wastewater discharges through its national permitting system that promises to have far-reaching impacts on...
New York Ban On PFAS In Food Packaging Is Now Law
In August 2020, we flagged that New York took a significant step in becoming the third state in the country to ban the use of per- and polyfluoroalkyl substances (PFAS) in food packaging. At the time, the legislation (S.8817 and A.4739-C) was passed by the New York...
California Water District PFAS Lawsuit – $1 Billion At Stake
In August 2020, we flagged the possibility that local water boards in Orange County, California would file a lawsuit alleging that certain PFAS manufacturers were responsible for PFAS contamination found in the local drinking water sources, with possible damages of...
Biden Climate Change Plan Certain To Impact Businesses
With only fifty days until President-Elect Joe Biden and Vice President-Elect Kamala Harris are sworn into office, the Biden-Harris team continues to work on the many aspects of transition to ensure that change can commence immediately after swearing in. While the...
The Right and The Duty
Businesses rely on commercial general liability coverage for protection from legal liability arising from bodily injury or property damage to a third-party. Classic examples of third-party actions include a customer who slips and falls, or a consumer who is injured by...
PFAS Limits In Bottled Water Rejected By FDA
PFAS limits in bottled water is a subject that has recently seen increased public scrutiny and pressure for federal agencies to act - specifically, the Food and Drug Administration (FDA). However, a December 2019 letter from the FDA to the International Bottled Water...
Wisconsin PFAS Sampling Requested
The Wisconsin Department of Natural Resources (DNR) has asked Tyco Fire Products, a subsidiary of Johnson Controls, Inc., to expand its sampling of fish for polyfluoroalkyl substances (PFAS). This decision was prompted by initial sampling in privately-owned ponds near...
PFAS Filtration Technology Approved In Mansfield, MA
On November 7, 2020, Mansfield, Massachusetts voters approved spending $13.9 million for a new water project. The project is intended to address the town’s excess polyfluoroalkyl substances (“PFAS”) levels in public wells. Town Manager Kevin Dumas wants to start...