News & Analysis as of

Lead

New York Lead Paint Suit Barred by Statute of Limitations

by Beveridge & Diamond PC on

Illustrating the limits of New York’s discovery rule, a New York appeals court dismissed claims alleging injuries from lead paint exposure as barred by the statute of limitations. See Vasilatos v. Dzamba, No. 523286 (N.Y....more

California to Require Domestic Water Suppliers to Test School Drinking Water for Lead

by Best Best & Krieger LLP on

The State Water Resources Control Board recently adopted an amendment to all Domestic Water Supply Permits it issues to public water systems that supply drinking water. The amendment requires domestic water suppliers for...more

Arizona Tests for Lead in School Drinking Water Reveal Elevated Levels

by Snell & Wilmer on

The Arizona Department of Environmental Quality (ADEQ) announced at the end of January that it would commence a statewide screening program for the presence of lead in school drinking water. The agency declared that its...more

Recap of HUD’s Early January Guidance

by Ballard Spahr LLP on

Earlier this month, the US Department of Housing and Urban Development (HUD) issued a number of final rules and notices...more

Illinois Enacts Law Requiring Schools to Lead Test Their Water Supply

by Franczek Radelet P.C. on

Earlier this week, Governor Bruce Rauner signed a new law requiring Illinois elementary schools and day care centers to test their drinking water sources for lead contamination and notify parents of the results of that...more

Aerial Emissions Are Not “Disposal” Under CERCLA

Last year, we told you about a district court case in which air emissions from a lead smelter that ultimately settled on the land and in a water body gave rise to liability under the Comprehensive Environmental Response,...more

Los Angeles Superior Court Issues Important Defense Verdict In Unique Proposition 65 Trial Against Brass-Polish Manufacturer

In a recent trial in Los Angeles Superior Court in the matter AFS Enterprises, LLC, v. Reckitt Benckiser, PLC, Los Angeles Superior Court Case No. BC539678, the plaintiff brought a single claim under Proposition 65 (Safe...more

Toxic Tort & Product Liability Quarterly Vol. 9, No. 2, May 2016

by Beveridge & Diamond PC on

In a case that may make it easier to prove causation in Maryland lead paint cases, the Maryland Court of Appeals held that neither direct evidence of the source of lead nor expert testimony was necessary when a trier of fact...more

D.C. Water Utility Sheds Negligence, Consumer Protection Claims in Lead-in-Water Litigation

by Beveridge & Diamond PC on

In a decision that may have implications in other cases related to alleged lead in drinking water, a District of Columbia trial court dismissed negligence and consumer protection claims against the District’s water utility,...more

Lead Paint and Drinking Water in Maine – Now Under Even More Scrutiny: Important news for owners of residential and child care...

by Pierce Atwood LLP on

Lead paint is a well-known problem for older homes, and lead in residential drinking water from historic plumbing is also a recognized issue in Maine. Lead can be a serious problem if children or pregnant women are exposed at...more

Environmental and Energy and Toxic Tort and Environmental Litigation: Do You Operate a Public Water Supply? Why You Need to Know...

Drinking water quality and water contamination are now high-profile topics of concern, with the discovery of unexpected contaminants in "public" water supplies across the country. Providers of "public water" are obligated to...more

California Environmental Law & Policy Update - April 2016 #3

by Allen Matkins on

Environmental and Policy Focus - Metropolitan Water District signs deal to buy Delta islands for $175 million - Sacramento Bee - Apr 11 - Metropolitan Water District of Southern California (MWD) signed a...more

USA FDI News - April 2016

by Williams Mullen on

USA FDI News highlights the FAQs arising from your projects - from how to finance a deal to selecting the right visa or tax strategy and more. We want to keep USA FDI News interactive and relevant to your international...more

EPA and Municipalities Respond to Increased Concerns About Lead in Drinking Water

by McGuireWoods LLP on

Since the public discovery of widespread lead contamination of drinking water in Flint, Michigan, there has been increased scrutiny on the status of drinking water regulation and aging water infrastructure. While the crisis...more

Was Flint the Love Canal of our Water System?

Both “hard” and “soft” water can contain minerals that can be slightly corrosive and cause low or high pH resulting in lead in drinking water. Common sources of lead in household drinking water include: Lead Piping and...more

Drinking Water Contamination in Flint and Other Communities Reveals Much More Extensive Problems

by Burr & Forman on

Flint, Michigan’s problems with lead in its drinking water have been well documented, and this has prompted reports of similar problems detected in other communities, even though these are apparently not as extensive as the...more

Lead in Drinking Water: Insurance Coverage Issues

The tragic water crisis in Flint, Michigan raises grave concerns as to the lurking hazards posed by our nation’s aging infrastructure. There are an estimated six million lead service lines in operation in the United States. ...more

Avoiding A Water Crisis Similar to That of Flint Will Require Both Technical and Practical Effort

by Burr & Forman on

The problems with the quality of drinking water in Flint, Michigan, are not necessarily an isolated collection of failures. From a technical standpoint, the potential for lead leaching into drinking water systems in many...more

Children's Products: A Discussion of the Regulations Governing Lead Content

by Stinson Leonard Street on

Lead poisoning in children has been found to cause adverse health effects ranging from hyperactivity to developmental delays, blindness and even death. See 16 C.F.R. § 1303.5. Even minimally elevated blood lead levels in...more

Must Playground Equipment & Surfaces Comply with CPSC Lead Limits for Children’s Products?

Over the past few months, numerous national media outlets have published stories about the potential health risks of a material commonly used on playground surfaces—crumb rubber. Crumb rubber is a granule material typically...more

California Environmental Law & Policy Update - November 2015 #2

by Allen Matkins on

Environmental and Policy Focus: San Diego Regional Water Quality Control Board amends regional MS4 permit to provide alternate compliance: Allen Matkin - Nov 19: On Wednesday afternoon, the San Diego Regional Water...more

California Environmental Law & Policy Update - October 2015 #4

by Allen Matkins on

Environmental and Policy Focus - Exide cleanup: Los Angeles County approves $2 million to facilitate lead removal at homes: Los Angeles Times - Oct 27: Los Angeles County supervisors, frustrated by what they say is a...more

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

by Burr & Forman on

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

CPSC & DOJ Stop Two Companies from Future Importation of Children’s Products with Far-Reaching Consent Decrees

Earlier this week, the U.S. Department of Justice (“DOJ”)—at the behest of the CPSC—filed suit in California federal court against two companies and three individuals for importing products that violate the Federal Hazardous...more

California Doubles Down on Proposition 65 Regulations; OEHHA Issues Pre-Regulatory Proposals That Harm Existing Defenses

by Stoel Rives LLP on

Late last week, California’s Office of Environmental Health Hazard Assessment (“OEHHA”) released several new pre-regulatory draft proposals regarding Proposition 65 (“Prop 65”). With one possible exception, the pre-regulatory...more

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