Legal Resources
PFAS Lawsuit Shows Pandemic Is Not Stopping Contamination Claims
On Monday April 13, 2020, the town of East Hampton, New York filed suit against its own fire department in federal court. The town of alleges that the East Hampton Fire Department failed to properly cleanup aqueous film forming foam (AFFF) that contained...
EPA Seeking Public Comment On Draft Risk Evaluation For Asbestos
The Environmental Protection Agency is seeking public comment on its Draft Risk Evaluation on Asbestos. Finalizing this assessment is the next step in its evaluation of the risks associated with asbestos, a review it is authorized to do by the Toxic Substances Control...
COVID-19 Pandemic Places Business Insurance Coverage Under the Microscope
Efforts by the business community and government to protect employees and the public from the COVID-19 virus have led to a tsunami of business closures and massive losses in income, estimated in the billions of dollars in the U.S. alone. It remains to be seen whether...
Boy Scouts of America’s Bankruptcy Filing Will Impact Sexual Abuse Litigation
The Boy Scouts of America (“BSA”) recently filed a Chapter 11 voluntary petition for bankruptcy amid an onslaught of claims against the organization related to historical acts of sexual abuse in its programs. According to a Debtor’s Informational Brief filed on its...
Proposed PFAS Bill Would Require Notice to Purchasers of Firefighting Equipment
Per- and poly-fluoroalkyl substances (“PFAS”) are a collection of over 7,000 manmade chemicals. The original PFAS compounds were invented in the 1940s, which sparked the invention of thousands of additional compounds later incorporated into countless consumer...
If You Know It When You See It, Do You Really Need A Warning?
A proposed bill out of the Utah Legislature this week marks an unexpected turn in the expansion of legislation mimicking California’s Proposition 65. Where Prop. 65 requires a “clear and reasonable” warning regarding exposures to toxic substances, Utah’s House Bill...
Increasing Pressure on Public Agencies and Private Entities on PFAS
Regulating bodies and regulated entities alike are feeling increasing pressure to act on PFAS, the “forever chemicals.” This pressure is coming from all angles as Congress, the courts, and the executive branch reckon with the continually growing and evolving...
California Lowers Response Levels in Midst of PFAS Investigation
California’s State Water Resources Control Board announced on Thursday, February 6, 2020 that it will reduce the levels of perfluorooctanoic acid (PFOA) and perfluorooctanesulfonic acid (PFOS) in drinking water systems that trigger responses under lower response...
MassDEP Proposes PFAS Drinking Water Standard
The Massachusetts Department of Environmental Protection (“MassDEP”) entertained public comment on its proposed per- and polyfluoroalkyl substances (“PFAS”) drinking water standard on Friday, January 24, 2020. The proposed standard would set a new Maximum Contaminant...
Latest Updates From the Glyphosate Litigation
Trial was poised to get underway in St. Louis, Missouri last week with jury selection complete in the fourth trial regarding whether Monsanto’s glyphosate containing weedkilling product, Roundup, causes non-Hodgkin lymphoma. However, just before opening statements...
Michigan Attorney General Files Michigan’s First Suit Against PFAS Manufacturers
On Tuesday, January 14, 2020, Michigan Attorney General Dana Nessel sued 17 companies that manufactured and supplied per- and polyfluoroalkyl substances (PFAS), marking Michigan’s first such legal action against PFAS manufacturers. The complaint alleges causes of...
Glyphosate – 2019 Recap & 2020 Looking Ahead
2020 should bring another interesting year in the Roundup Litigation following three prior verdicts based upon claims that Monsanto’s glyphosate containing Roundup weed killer was the cause of plaintiffs developing non-Hodgkin lymphoma. Bayer, which acquired Monsanto...