Toxic Exposure

News & Analysis as of

UK Report Assesses Workplace Exposure and Control Measures During the Manufacture and Handling of Engineered Nanomaterials

The United Kingdom’s Health and Safety Laboratory (HSL) of the Health and Safety Executive (HSE) prepared a report entitled Summary of work undertaken to assess workplace exposure and control measures during the manufacture...more

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

EPA Issues Direct Final Rule On Significant New Use Notification Electronic Reporting: On July 20, 2015, the U.S. Environmental Protection Agency (EPA) issued a direct final rule amending the Toxic Substances Control Act...more

Illinois Appellate Court Reverses Asbestos Verdict on Sole Proximate Cause Argument

In Smith v. Illinois Central Railroad Co., the Fourth District of Illinois recently overturned a $1.4 million verdict against the Illinois Central Railroad. At trial, the Court had excluded evidence of the decedent's work at...more

Supreme Court Tells EPA Cost Does Matter

The Environmental Protection Agency's Mercury and Air Toxics Standards (MATS) placed national limits on mercury and other toxic emissions from power plants. The agency projected MATS to prevent 11,000 premature deaths, 4,700...more

Michigan Court Finds Expert Testimony Not Necessary to Show Link Between Chemical Exposure and Injury

Issuing an opinion that could lower the bar for proving toxic tort causation, the Michigan Court of Appeals held that direct expert testimony may not be necessary to prove causation in a toxic tort case and that a plaintiff...more

A little good news: OSHA Grants Some Reprieve For Compliance with Its New Construction Industry Confined Space Rules

On May 4, 2015, OSHA issued a final rule setting new standards for workers in confined spaces on construction sites. The new rule requires coordination for multiple employers at the worksite, a competent person to evaluate...more

2015 Summary of Key Maine Environmental Legislation

The Pierce Atwood Environmental and Land Use Practice Group is pleased to provide the 2015 Summary of Key Maine Environmental Legislation enacted or carried over in the First Regular Session of Maine's 127th Legislature...more

Pennsylvania Supreme Court Holds That Insured May Settle Tort Claim Without Insurer Consent Under “Fair and Reasonable” Standard

In Babcock & Wilcox Co. v. American Nuclear Insurers, a divided Supreme Court of Pennsylvania, deciding an issue of first impression under Pennsylvania law, recently held that when an insurer defends its insured subject to a...more

Duty to Cooperate Ruling Narrows Insurers’ Ability to Foreclose Coverage for Settled Class Action Claims

Insurance policies typically include a cooperation clause, which requires the insured to cooperate with the insurer in the defense of a covered claim. Insurers routinely use this clause as a sword against their insureds by...more

Jury Must Decide Whether Facts Exist to Suspend the Accrual of the Statute of Limitations Under The Discovery Rule

Ismael Rosas v. BASF Corporation, et al. - Court of Appeal, Second Appellate District, Division Five (May 21, 2015) - he general rule regarding statutes of limitation is that they do not begin to run until a cause...more

Penn Study Unlikely to Result in Flood of Fracking Lawsuits

A recently released study from scientists at the University of Pennsylvania suggests a link between hydraulic fracturing ("fracking") for gas and oil and cardiac and neurological illnesses. Whether the report triggers a rash...more

Hidden Costs of Common Beauty Treatments?

The “toxic trio” is a foreboding name some associate with common and seemingly innocuous manicures and pedicures. Salon workers suffer higher-than-average rates of birth defects, miscarriages, cancers, and skin afflictions...more

MATS attack: Supreme Court reversal of EPA's Air Toxics Rule signals difficulties ahead

On June 29, 2015, the US Supreme Court, in a 5-4 decision, reversed and remanded to the DC Circuit EPA's Mercury and Air Toxics Standards rule (MATS). Michigan v. EPA, No. 14-46. MATS is a signature regulation of the Obama...more

The Supreme Court Strikes Down the Mercury and Air Toxics Standards

While the Court’s decision marks a symbolic defeat for EPA, it may not significantly alter power plant operators’ compliance efforts. In a much anticipated decision delivered on the last day of the term, the Supreme...more

Toy Safety Regulation Should Be Left To The Federal Government

On June 2, 2015, the Suffolk County Legislature became the latest county legislature in New York to pass a “toxic-free toys” act. About a week later, the New York City Council got in on the action and introduced a similar...more

Q&A Series: Locke Lord’s Jim Tyrrell on the Keys to a Winning Products Liability Defense

What is the key to succeeding for a client in a complex products liability or toxic tort matter? JT: It’s all in the ‘C’s.’ Command of the facts, command of the law, command of the science, command of the courtroom and...more

EPA Issues Proposal to Mitigate Exposure to Bees from Acutely Toxic Pesticide Products

The U.S. Environmental Protection Agency’s (EPA) Proposal to Mitigate Exposure to Bees from Acutely Toxic Pesticide Products published in the Federal Register on May 29, 2015, seeks comment on a proposal to adopt mandatory...more

Colorado Supreme Court Restricts Use of "Lone Pine" Discovery Orders

On April 20, 2015, the Colorado Supreme Court released an important decision restricting the use of so-called "Lone Pine" orders. See Antero Resources Corp. v. Strudley. Lone Pine orders require plaintiffs in toxic tort cases...more

Lone Pine Order Reversed: Rocky Mountain Low

We think Lone Pine orders are fair and useful tools, and we believe that courts should use them more often, not less. We learned last week that the Colorado Supreme Court disagrees, at least when reviewing the particular...more

Colorado Supreme Court Rejects Orders Requiring Plaintiffs to Present Early Evidence Supporting Their Toxic Tort Claims

In an April 20, 2015, decision that was highly anticipated by the energy industry, the Colorado Supreme Court rejected a procedural device called a “Lone Pine” order that requires plaintiffs to make a threshold evidentiary...more

In Big Defense Win, Appellate Court Affirms that Proposition 65 Exposure Level Can Be Based on Average Consumption Over Time

In an important victory for defendants doing business in California, the California Court of Appeal recently affirmed a trial court’s decision holding that the defendants did not violate Proposition 65 (Prop 65), California’s...more

Product Liability 2014 Year in Review

In This Issue: - Letter From The Chair - Key Practice Trends + Highlights - Consumer Products - Pharmaceutical Products and Medical Devices - Aviation - Toxics Regulation and Toxic...more

California Appellate Court Agrees with Defendants on Prop. 65 Exposure Averaging

In one of the most significant appellate decisions interpreting California’s Prop. 65, the California Court of Appeal on March 17 ruled that, for purposes of establishing the Prop. 65 “safe harbor” defense, exposure to a...more

California’s Strict New Health Risk Assessment Guidelines May Increase Regulatory Burden on Industrial Uses and Development...

On March 6, 2015, the California Office of Environmental Health Hazard Assessment (OEHHA) updated its Guidance Manual for Preparation of Health Risk Assessments (HRAs) for the purpose of better characterizing exposure risks...more

Medical Monitoring For Soft Drink Purchasers: Not The Choice For This Generation

Those of us who have been paying at least marginal attention to developments in popular culture and product liability law—not necessarily the fanatical level of attention to these subjects paid by certain of our...more

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