Legal Resources
Maine Looks To Be First In Nation With PFAS Statute of Limitations
On July 28, 2020, a legislative committee in Maine heard public comment from interested parties regarding a bill (L.D. 2160) that, if enacted, would specifically carve out a provision in Maine law for a statute of limitations related to perfluoroalkyl substances...
First Look: Business Liability Protection in Senate Republican’s COVID-19 Relief Bill
On Monday, Senate Republicans unveiled legislation, the “HEALS Act,” to provide additional coronavirus relief aid as a follow up to the CARES Act passed in March. Unsurprisingly, the “L” stands for Liability Protection, something that GOP leaders have been pushing for...
Glyphosate Litigation Update
The glyphosate litigation seemingly ended last week with the news that the manufacturer of Roundup had agreed to a $10.9 billion dollar settlement agreement that applied to the majority the pending claims against it across the country (the settlement has not yet been...
PFAS Addressed In Federal Defense Spending Bill
The House Armed Services Committee (HASC) recently passed the annual spending bill for the Department of Defense, which included a number of new requirements to reduce PFAS use and remediate existing sites. Per- and poly-fluoroalkyl substances (“PFAS”) are a...
Michigan Enacts One of Toughest PFAS Drinking Water Limits
In a bill passed today, beginning on August 3, 2020, Michigan will have one of the strictest PFAS drinking water standards in the country. The rule also goes beyond the traditional PFOA and PFOS limits set by several other states, and sets limits for a total of seven...
New Lancet Study Argues PFAS Act Like Hormone Disruptors
On July 21, 2020, a new report in the journal The Lancet Diabetes and Endocrinology ("EDCs: time to take action” 21 July 2020, Lancet Diabetes & Endocrinology) argues the various types of chemicals, including certain PFAS, may be linked to human health problems...
Climate Events’ Damages Likely To Be Worse Due To Flood of Unemployment
With a high rate of unemployment due to Covid-19, people across the United States are looking for ways to save money. In some cases, this cost saving takes the form of reducing one’s personal insurance coverage. In the 2009 recession, the Insurance Research Council...
Additional PFAS Regulation Introduced Related To Firefighters
In line with other recent proposed PFAS legislation we have reported on, Congressman Dan Kildee (D-MI), co-chair of the bipartisan Congressional PFAS Task Force, introduced new PFAS legislation on July 15, 2020. If passed, the Protecting Firefighters from PFAS Act...
Five Pointers For Peak Performance In Remote Deposition Practice
If there is one thing we can all agree on, it is that COVID-19 has changed the way we live and work. With the virus continuing to spread throughout the country, our new way of life is appearing as if it will remain for the indefinite future. For practicing lawyers,...
States and NGOs Fight Back Against Asbestos Petition Denied By EPA
Last week, we reported on the Environmental Protection Agency's (EPA's) apparent about-face on its position as to whether it has sufficient information from companies regarding asbestos use in order to determine whether further limitations should be places on the...
As PFAS Regulation Looms, Life Cycle Analysis Can Help Businesses Evaluate Risk
In a time when the Environmental Protection Agency’s general policy toward noncompliance has been one of restraint to account for the obstacles presented by COVID-19, the agency has nevertheless continued to move forward in an aggressive manner on regulation of Per-...
Supreme Court’s Superfund Ruling Will Significantly Impact PFAS Litigation
In April 2020, the U.S. Supreme Court issued a split decision in which the Justices held that he Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) does not preclude a landowner's right to assert state law claims like nuisance and trespass...