Toxic Exposure

News & Analysis as of

Proposition 65 "Reform": Consumer Protection or Litigation Stimulation?

Proposed new regulations may have unintended consequences. Despite the California governor’s call for meaningful Proposition 65 reform and a reduction in frivolous enforcement lawsuits, the California Office of...more

D.C. Circuit Upholds Most of Portland Cement MACT, Vacates “Unavoidable Malfunction” Defense

In a unanimous ruling issued on April 18, the D.C. Circuit largely upheld EPA regulations governing emissions of toxic air pollutants from Portland cement plants, while vacating a provision that created an affirmative defense...more

Third Circuit Holds No Coverage for Cleanup of Decomposing Body

In its recent decision in Certain Underwriters at Lloyds v. Creagh, 2014 U.S. App. LEXIS 6853 (3d Cir. Apr. 14, 2014), the United States Court of Appeals for the Third Circuit, applying Pennsylvania law, had occasion to...more

World Trade Center Health Program: Just the Facts

The World Trade Center Health Program (WTCHP) provides assessment, monitoring and treatment services to eligible emergency responders and others who were injured and exposed to toxic chemicals during and after the September...more

Colorado Supreme Court Grants Petition to Consider Use of Lone Pine Orders in Toxic Tort Case Involving Hydraulic Fracturing

On Monday, the Colorado Supreme Court granted a Petition for Writ of Certiorari in Antero Resources, et al. v. Strudley, et al. The Strudley case involves claims relating to alleged injuries from natural gas drilling...more

New York’s Highest Court Reaffirms Specific Causation Rule under Parker in Toxic Tort Cases

On March 27, 2014, New York’s Court of Appeals issued a ruling reversing an Appellate Division decision and sustaining the lower court’s decision granting a defendant’s motion to dismiss the plaintiff’s complaint alleging...more

What Is a Toxic Tort Case?

Minneapolis toxic torts attorneys help clients recover damages in cases that involve toxic substance exposure. The American Bar Association provides a definition for tort as a “wrongful act for which the injured party...more

New Prop 65 Warning Requirements on the Horizon?

Proposition 65 warnings could soon become a much bigger burden for businesses. On Friday, March 7, the California Environmental Protection Agency’s Office of Environmental Health Hazard Assessment (OEHHA) released a...more

California Appellate Court Finds Employer Has No Duty to Future Child for Parent-Employee’s Preconception Exposure to Toxins

The preconception tort is essentially any tortious conduct occurring prior to a child’s conception that results in harm to the child. This type of claim, which has been recognized in California since 1982, can cover all...more

Toxic Tort and Environmental Litigation: Third Department Clarifies Scope of Recoverable Medical Monitoring Damages in Waterborne...

On the heels of the Court of Appeals’ landmark decision rejecting an independent cause of action for medical monitoring in Caronia v. Phillip Morris USA, on February 20, 2014, the Third Department decided Ivory v. IBM. Ivory...more

Editorial: Silica Exposure Lawsuits: The Next Toxic Tort?

With the Occupational Safety and Health Administration signaling its increased attention to workers’ exposure to crystalline silica, and the plaintiff bar evidently in search of new subjects for “toxic tort” claims, there is...more

West Virginia Chemical Spill Likely to Bring Oil and Chemical Inspections and Perhaps Regulatory Changes for Facilities with Large...

Last Thursday residents of Kanawha County reported a foul licorice odor in the air. State and local officials traced the smell to a leak from a 35,000-gallon above ground storage tank along the Elk River. The chemical had...more

OSHA proposes heightened standards for Crystalline Silica exposure – Opportunity to comment ends January 27

In an attempt to strengthen its Crystalline Silica exposure rule, on September 12, 2013, OSHA proposed significant changes that could result in higher compliance costs and may require additional risk management strategies...more

Wisconsin Appeals Court Allows Asbestos Case To Proceed Under Safe Place Statute

Robert Viola was a pipe insulator for 25 years, often working in buildings and power plants owned by Wisconsin Electric Power Company (“WEPCO”). After Mr. Viola died, the administrator of his estate brought a lawsuit against...more

Silica Exposure Lawsuits: The Next Toxic Tort?

With the Occupational Safety and Health Administration (OSHA) signaling its increased attention to workers' exposure to crystalline silica, and the plaintiffs' bar evidently in search of new subjects for "toxic tort" claims,...more

Deadline Déjà Vu for Comp Fund

It is simply human nature, indicated the director of a Washington-based victim-support organization, for people to put off taking action until a deadline looms. Just look at the tax-filing ordeal many put themselves through...more

Beverage, Pharma Producers Should Note Recent Settlement Of Pesticide Violations Under FIFRA

Beverage and pharma producers beware: The U.S. Environmental Protection Agency (EPA) recently has shown an interest in enforcing the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), a law traditionally associated...more

OSHA Seeks Comments On New Proposed Standards For Control Of Workplace Exposure To Crystalline Silica

On August 23, 2013, the federal Occupational Safety and Health Administration (OSHA) announced a proposed rule regarding workplace exposure to crystalline silica. In fact, two separate rulemakings are anticipated: one that...more

Why Growth In Nanotechnology Matters To Insurers

Nanotechnology, an all-encompassing term for nanoscale science, engineering and technology, is the understanding and control of matter at dimensions of roughly 1 to 100 nanometers. One nanometer is one-billionth of 1 meter....more

OSHA Proposes Silica Rule Affecting Fracking Workers

Last week, the Occupational Safety and Health Administration (OSHA) proposed a rule to decrease the permissible exposure limits (PELs) for crystalline silica. OSHA indicated that the inhalation of silica dust can increase...more

California Judiciary, not Governor, Leading Effort to Reign in Proposition 65 Abuse

Earlier this year, we reported on California Governor Edmund Brown's call for reform of the state's Safe Drinking Water and Toxic Enforcement Act of 1986 – better known as Proposition 65, the number of the ballot initiative...more

Ecology to hold public meetings on updates to human health criteria in Washington’s water quality standards

On September 12 and 16, 2013, Ecology will hold public meetings at its headquarters in Lacey, Washington regarding its rulemaking to update Washington’s surface water quality standards....more

Colorado Supreme Court Asked To Address Whether “Lone Pine” Orders Are Allowed in Toxic Tort Case Involving Hydraulic Fracturing

On August 29, 2013, Antero Resources asked the Colorado Supreme Court to review the Colorado Court of Appeal’s decision in Strudley v. Antero Resources Corp., a decision by the Colorado Court of Appeals that reversed a trial...more

Whistleblowers Blow their Whistles While They Work

The U.S. Department of Labor Occupational Safety and Health Administration (OSHA) and Pilgrim Pride Corp. reached a $50,000 settlement in a 2012 whistleblower case. The case began when a manager for water reclamation at...more

OSHA Proposes New Silica Dust Standard

On August 23, 2013, the Occupational Safety and Health Administration (OSHA) released its long-awaited proposal to considerably toughen its regulation of respirable crystalline silica—the most common form of which is quartz. ...more

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