News & Analysis as of

Toxic Exposure Chemicals

Bergeson & Campbell, P.C.

Defra Consults on Proposal to Amend UK REACH Use and Exposure Information Requirements

On May 16, 2024, the United Kingdom’s (UK) Department for Environment, Food and Rural Affairs (Defra) began a public consultation on the UK government’s proposals to amend the current transitional provisions under UK REACH...more

Integral Consulting Inc.

May 2024 RSL Updates: Key Changes and Implications for 1-Methylnaphthalene

The New Screening Levels - The May 2024 U.S. Environmental Protection Agency (EPA) regional screening levels (RSLs) include more stringent screening levels for 1-methylnapthalene in residential soil, industrial soil, and...more

K&L Gates LLP

Litigation Minute: Ethylene Oxide—Insurance Coverage Considerations (Ethylene Oxide Series: Part Four of Four)

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WHAT YOU NEED TO KNOW IN A MINUTE OR LESS - As the number of ethylene oxide (EO) lawsuits has risen in recent years, so have disputes regarding the obligation of insurers to defend and indemnify defendant policyholders from...more

K&L Gates LLP

Litigation Minute: Ethylene Oxide—Could Your Company Be a Litigation Target? (Ethylene Oxide Series: Part Two of Four)

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What You Need To Know In A Minute Or Less - Based largely on publicly available data from the U.S. Environmental Protection Agency (EPA), plaintiffs have been filing an increasing number of personal-injury and class-action...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Developing a State Contaminants of Emerging Concern Program: Association of State and Territorial Solid Waste Management Officials...

The Association of State and Territorial Solid Waste Management Officials (“ASTSWMO”) issued a January 2023 document titled: Guidance for Developing a State Contaminants of Emerging Concern Program (“Guidance”)...more

Miles & Stockbridge P.C.

A Big Verdict Against an EtO Sterilizer as U.S. EPA’s Proposed Rule Takes Shape

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We summarized in July the status of ethylene oxide (EtO) federal regulation and litigation risks facing companies using EtO. Since then, two personal injury jury trials claiming damages from EtO exposure have concluded – one...more

K&L Gates LLP

The $363 Million Dollar Question: Are Your Ethylene Oxide Emissions a Litigation Target?

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On 19 September 2022, a Cook County, Illinois jury awarded US$363 million to a plaintiff who alleged that her breast cancer was caused by emissions of ethylene oxide (EtO) from a Sterigenics facility in Willowbrook, Illinois....more

Faegre Drinker Biddle & Reath LLP

Updated EPA Analysis on Long-Term Health Effects of Formaldehyde Exposure Could Have Lasting Implications for Manufacturers

On April 14, 2022, the Environmental Protection Agency (EPA) released draft conclusions in a report updating its analysis regarding formaldehyde exposure, suggesting that long-term exposures to small amounts of formaldehyde...more

Troutman Pepper

Ninth Circuit Provides Companies New Guidance and Much Needed Potential Relief in Prop 65 Litigation

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For decades, companies have faced lawsuits for violation of the California Safe Drinking Water and Toxic Enforcement Act, also known as “Prop 65.” Some of these actions are legitimate, while others often bear resemblance to a...more

Nelson Mullins Riley & Scarborough LLP

EPA Announces Important New Assumptions on Reviewing Chemical Use Under TSCA

The Environmental Protection Agency (EPA) announced on March 29 important updates on EPA’s New Chemicals Program under the Toxic Substances Control Act (TSCA). See attached link. This announcement highlights two important...more

Morgan Lewis

Failure to Prepare for Climate Change-Induced Extreme Weather: The Next Wave of Legal Exposure?

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In 2020, a growing number of lawsuits and other legal developments potentially associated with climate-driven impacts continued to challenge owners of permitted facilities, including energy infrastructure....more

Smith Gambrell Russell

TSCA to Receive Broader Interpretation Under Biden Administration

The EPA is expected to use its authority under TSCA to make chemical manufacturers provide more information about toxicity, exposure and other data about chemicals manufactured and imported into the U.S. market.  A wide range...more

Mitchell, Williams, Selig, Gates & Woodyard,...

The Federal Role in the Toxic PFAS Chemical Crisis: U.S. Senate Homeland Security and Governmental Affairs Committee Hearing

The United States Senate Homeland Security and Governmental Affairs Subcommittee (“Subcommittee”) held a September 26th hearing titled: The Federal Role in the Toxic PFAS Chemical Crisis...more

Davis Wright Tremaine LLP

Don’t Touch That Dial

A reminder that new Prop 65 regulations become effective the end of this month and some key changes may directly affect online on-product warnings, internet sales, catalog sales and even on-TV sales. ...more

Kelley Drye & Warren LLP

California Proposition 65: Beware of Liability for Website Sales

Historically, the bulk of Prop 65 actions have come from plaintiff attorneys sending waves of people into retail stores in California to purchase and then test products for possible exposures to listed chemicals. This...more

Beveridge & Diamond PC

New York Court Grants Class Cert. to PFOA Exposure Plaintiffs

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In the latest in a flurry of PFOA (perfluorooctanoic acid) suits, a New York court granted class certification to a group of New York residents who claim that they have been harmed by decades of exposure to the chemical near...more

Beveridge & Diamond PC

Eleventh Circuit Rejects Expert Testimony, Affirms Dismissal of Suit Against Fertilizer Plant

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Highlighting the importance of strong expert testimony, the Eleventh Circuit affirmed exclusion of an expert’s testimony where—among other defects—the expert (1) failed to properly assess dose-response, (2) failed to...more

Kelley Drye & Warren LLP

WARNING: New Proposition 65 Amendments Go Into Effect August 30

We are seven weeks away from the California Proposition 65 amendments adopted in 2016 going into full effect, including substantial changes to the wording and format for providing warnings, new guidance on providing warnings...more

Hogan Lovells

California Judge Rules Against the Coffee Industry in Notable Acrylamide Proposition 65 Case

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Food companies and retailers doing business in California should take note of the recent proposed statement of decision in the case challenging the coffee industry’s failure to warn of the presence of acrylamide in coffee...more

Stinson LLP

Emerging Trends Newsletter - Q3

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We are thrilled to bring you the third installment of Stinson Leonard Street's Emerging Trends newsletter. We are proud of the depth and breadth of experience and knowledge across our firm's 13 offices nationwide and are...more

Stinson LLP

Flame Retardants: A Guide to Current State Regulations

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The Massachusetts Senate became the latest state legislative body to pass a bill that would ban at least eleven flame retardants from children's products sold in the state. An Act to protect children and families from harmful...more

Bergeson & Campbell, P.C.

TSCA Reform: An Analysis of Key Provisions and Fundamental Shifts in the Amended TSCA

The Frank R. Lautenberg Chemical Safety for the 21st Century Act (Lautenberg) makes important changes to the Toxic Substances Control Act (TSCA) that result in fundamental shifts in the requirements and approach under the...more

Bergeson & Campbell, P.C.

Proposition 65: OEHHA Proposes Revisions to Its Proposed Proposition 65 Warning Regulations

On March 25, 2016, the California Office of Environmental Health Hazard Assessment (OEHHA) modified its November 27, 2015, proposed rule that would repeal and replace the Proposition 65 (Prop 65) Article 6 regulations...more

Morrison & Foerster LLP

Risky Business: OEHHA to Require Prop 65 Data Submissions

The California Office of Environmental Health Hazard Assessment (“OEHHA”) has adopted new regulations that require businesses that make or use chemicals listed under Proposition 65 to provide certain information about the...more

Polsinelli

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

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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

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