Drinking Water

News & Analysis as of

Jury in C-8 Exposure Case Awards $1.6M in Compensatory Damages, Denies Punitives

An Ohio federal jury in October handed out the first verdict in multi-district litigation (“MDL”) against E.I. DuPont de Nemours and Co. related to ammonium perfluorooctanoate, or C-8, in drinking water around DuPont’s...more

Seventh Circuit Affirms Exclusion of Plaintiffs’ Causation Experts in Vinyl Chloride Case

Underscoring the importance of sound science in expert opinions, the United States Court of Appeals for the Seventh Circuit upheld the exclusion of expert testimony that did not adequately draw or extrapolate from reliable...more

West Virginia Federal Court Certifies Class for Liability Purposes in Chemical Spill Suit

A West Virginia federal court certified a class for purposes of determining Defendants’ liability for a chemical spill that disrupted the water supply for approximately 300,000 residents in the Charleston area. Good v. Am....more

EPA Requests Comments on Revocation of Chlorpyrifos Tolerances

On October 30, 2015, the U.S. Environmental Protection Agency (EPA) announced that it is requesting comments on a proposal to revoke all tolerances for the insecticide chlorpyrifos in response to a U.S. Court of Appeals for...more

Update on California Water Legislation Regarding Groundwater, Recycled Water and More

October 11, 2015, marked the deadline by which Governor Brown had to act on legislation submitted to him by the legislature in September. In addition to those bills the Governor signed, we note below legislation that has been...more

Flint Water System Troubles May Signal Numerous, Potentially Broad-Ranging Problems

For the City of Flint, Michigan, the immediate problem is that the water it provides its citizens is not safe to drink. For many other communities across the nation, the problem may be whether they can do the things necessary...more

Operating a Well in California May Automatically Put You At Risk for a Prop 65 Lawsuit

California's Proposition 65 is notorious for its duty-to-warn requirement, which states that a business must give a clear and reasonable warning prior to exposing people to certain levels of any listed chemical. The warning...more

Under the Dome: Inside the Maine State House

Under the Dome: Inside the Maine State House provides a high-level overview of recent activity at the Maine State House. Double Whammy in Maine’s Paper Industry - This past week, two northern Maine paper mills...more

Federal Judge Blocks WOTUS Rule, Michigan Files Separate Suit

The Environmental Protection Agency and Army Corps of Engineers’ “Waters of the United States” Rule (WOTUS) that was supposed to go into effect on August 28, 2015, was blocked when North Dakota U.S. District Judge Ralph...more

“Not the Stuff of Science”: “Differential Etiology” Causation Opinions Fail Daubert in 7th Circuit Toxic Tort Case

The Seventh Circuit Court of Appeals has affirmed a district court’s grant of summary judgment in an environmental toxic tort case, holding that the testimony of all three of plaintiffs’ causation experts – James Dahlgren,...more

Circuit Court Grants Writ of Mandamus Requiring EPA to Act on Petition to Ban Chlorpyrifos

In an opinion issued on August 10, 2015, the U.S. Court of Appeals for the Ninth Circuit granted a writ of mandamus requested by Pesticide Action Network North America and the Natural Resources Defense Council (Petitioners)...more

Arsenic In Calif. Wine, But Is There A Problem?

A class action was filed in California Superior Court on March 19, 2015, Doris Charles et al. v. The Wine Group Inc. et al., case no. BC576061, that has raised a number of questions about the extent to which arsenic should be...more

DuPont Wins Partial Summary Judgment in Drinking Water MDL

An Ohio federal district court gave E.I. DuPont de Nemours and Co. a partial victory in litigation over ammonium perfluorooctanoate (“C-8”) drinking water contamination in Ohio and West Virginia by granting partial summary...more

West Virginia Federal Court Finds Personal Jurisdiction Over Out-of-State Parent Company in Elk River Spill

In a ruling that could broaden parent company exposure to suit in West Virginia, the Southern District of West Virginia found that it had personal jurisdiction over the out-of-state parent company of an in-state water company...more

Fate of Injection Wells in Historically Exempt Aquifers Comes Closer to Determination

A lawsuit seeking an immediate halt to oil and gas wastewater injection at 2,500 wells across California took a positive turn for energy producers last week as Superior Court Judge George C. Hernandez denied plaintiffs’...more

Gov. Brown Assembles Fracking Review Panel

According to several news organizations, Governor Brown has announced plans to form a new panel to review the recent well stimulation study conducted by the California Council on Science and Technology (“CCST”)....more

Expanded Significant Environmental Hazard Requirements for Connecticut Site Owners: Changes, Pitfalls, and Impacts

As of July 1, 2015, significant changes took effect for the Significant Environmental Hazards (SEH) program established by Conn. General Statutes §22a-6u. This program requires reporting to the Connecticut Department of...more

EPA Releases Study of Hydraulic Fracturing’s Potential Impacts on Drinking Water

On June 4, 2015, the U.S. Environmental Protection Agency (EPA) released an external review draft of a report assessing the potential impacts of hydraulic fracturing on drinking water. The report, “Assessment of the Potential...more

Drought Bill To Combat Water Shortages Passes In California Legislature

Measure Would Allow Forced Consolidation Of Water Suppliers, Large Civil Fines - The California Legislature approved a budget bill that would grant the state authority to force water systems to consolidate to serve...more

State Water Board Receives Groundwater Monitoring Recommendations from Experts

The State Water Resources Control Board (“Water Board”) has recently released recommendations from the Lawrence Livermore National Laboratory (“LLNL”) on Model Criteria for Groundwater Monitoring. Pursuant to Senate Bill 4...more

EPA Finds Low Potential Impacts on Drinking Water from Hydraulic Fracturing

The U.S. Environmental Protection Agency released a draft assessment study last week showing that hydraulic fracturing (“fracking”) activities in the U.S. may have potential impacts on the water lifecycle, affecting drinking...more

Wrap-Up of Federal and State Chemical Regulatory Developments, June 2015

EPA Denies Petition To Ban Triclosan: On May 13, 2015, the U.S. Environmental Protection Agency (EPA) denied a petition submitted in January 2010 by Food & Water Watch and Beyond Pesticides seeking to ban triclosan, an...more

Insights Newsletter - Spring 2015

In This Issue: - The Importance of Accredited Investors for Small Business Capital Formation - “All Appropriate Inquiries”: Update on the Environmental Due Diligence Standard - A Hunt for Justice Erodes...more

EPA Releases Draft Assessment of Potential Hydraulic Fracturing Impacts on Drinking Water Resources

On June 4, 2015, the U.S. Environmental Protection Agency (EPA) released a draft of its highly anticipated study, Assessment of the Potential Impacts of Hydraulic Fracturing for Oil and Gas on Drinking Water Resources (the...more

EPA report finds no evidence that hydraulic fracturing causes widespread impacts on drinking water

This client alert is part of an ongoing series by DLA Piper attorneys on the legal, regulatory and policy issues related to hydraulic fracturing and shale gas production in the US and internationally. The US...more

77 Results
View per page
Page: of 4

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:

Sign up to create your digest using LinkedIn*

*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
*With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name. Or, sign up using your email address.