This week the Environmental Protection Agency ("EPA") announced a final rule that will delay the reporting period for goods made with per- and polyfluoroalkyl substances ("PFAS") until January 2027.
On April 13, 2026, the...more
4/15/2026
/ Biden Administration ,
Environmental Protection Agency (EPA) ,
Filing Deadlines ,
Final Rules ,
Importers ,
Manufacturers ,
PFAS ,
Proposed Rules ,
Regulatory Requirements ,
Reporting Requirements ,
Rulemaking Process ,
Time Extensions ,
Toxic Substances Control Act (TSCA) ,
Trump Administration
Welcome to the February edition of the Plastics newsletter. Published monthly, we provide key litigation, regulatory, and newsworthy updates across the US, EU, UK, and APAC regions with regard to plastics....more
3/2/2026
/ Constitutional Challenges ,
Dormant Commerce Clause ,
Due Process ,
Environmental Justice ,
Environmental Litigation ,
Environmental Policies ,
Extended Producer Responsibility (EPR) ,
Greenwashing ,
Plastics ,
Popular ,
Preliminary Injunctions ,
Proposed Legislation ,
Recycling ,
Regulatory Agenda ,
State and Local Government ,
Tariffs
In a question of first impression, a federal judge in the Southern District of New York agreed with the United States government that certain written exchanges between a defendant and a generative artificial intelligence...more
This week, New York highlighted a decade of per- and polyfluoroalkyl substances ("PFAS") regulatory initiatives spanning drinking water, permitting, and product restrictions, and Minnesota finalized a comprehensive PFAS...more
On December 1, 2025, Federal Rule of Civil Procedure 16.1 took effect, providing judges a roadmap for initial case management of multidistrict litigation ("MDLs") and paving the way for early challenges to meritless claims....more
This week, Georgia's governor signed a new pesticide labeling and liability act (SB 144) ("Act"), amending state law to limit the scope of pesticide manufacturer liability for failure to warn and aligning the state standards...more
5/19/2025
/ Agribusiness ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
Failure To Warn ,
FIFRA ,
Georgia ,
Liability ,
Manufacturer Liability ,
Manufacturers ,
New Legislation ,
Pesticides ,
Public Health ,
Regulatory Reform ,
Regulatory Requirements ,
Toxic Chemicals
Class action procedures vary greatly among jurisdictions. These differences include how developed the procedures are; the types of claims parties can bring; the parties that can represent classes; whether classes are...more
Although class actions have been common in the United States for decades, they have not been as widely used in the rest of the world. The situation and risks remain in flux, however, as more countries have renewed momentum to...more
In reversing a lower court ruling, the D.C. Court of Appeals makes actionable vague, aspirational statements of sustainability as deceptive and misleading representations under the D.C. Consumer Protection Procedures Act...more
Although class actions have been common in the United States for decades, they have not been as widely used in the rest of the world. The situation and risks remain in flux, however, as more countries have renewed momentum to...more
With Assembly Bill A3556C, New York joins a growing list of states considering or enacting broad bans on the sale and distribution of products containing per- and polyfluoroalkyl substances ("PFAS")....more
4/1/2024
/ Environmental Policies ,
Importers ,
Industrial Products ,
Legislative Agendas ,
Manufacturers ,
New York ,
PFAS ,
Regulatory Agenda ,
Regulatory Reform ,
Retail Market ,
State and Local Government
Although class actions have been common in the United States for decades, they have not been as widely used in the rest of the world. The situation and risks remain in flux, however, as more countries have renewed momentum to...more
12/22/2023
/ Article III ,
Australia ,
Class Action ,
EU ,
France ,
Germany ,
International Litigation ,
Jurisdiction ,
Settlement ,
Standing ,
UK
The Situation: In 2019, Congress amended the Toxic Substances Control Act ("TSCA") to require the Environmental Protection Agency ("EPA") to promulgate a reporting rule on per- and polyfluoroalkyl substances ("PFAS"). EPA...more
12/12/2023
/ Contamination ,
Discharge of Pollutants ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
Hazardous Substances ,
Importers ,
Manufacturers ,
PFAS ,
Public Health ,
Regulatory Reform ,
Reporting Requirements ,
Retroactive Application ,
Toxic Chemicals ,
Toxic Exposure ,
Toxic Substances Control Act (TSCA)
Although class actions have been common in the United States for decades, they have not been as widely used in the rest of the world. The situation and risks remain in flux, however, as more countries have renewed momentum to...more
Class actions have been a feature of the litigation landscape in the USA for decades. Claimant-friendly procedures combined with an aggressive and well-funded plaintiffs’ bar have created fertile ground for these large,...more
10/5/2023
/ Antitrust Violations ,
Class Action ,
Consumer Privacy Rights ,
Data Breach ,
Environmental Social & Governance (ESG) ,
EU ,
Financial Services Industry ,
Labor Law Violations ,
Litigation Funding ,
Technology Sector ,
UK
The proposed amendment to NY law establishes a right to contribution for cost-recovery claims for settling parties in tort actions who clean up PFAS contamination.
Per- and polyfluoroalkyl substances ("PFAS") are synthetic...more
The Federal Trade Commission ("FTC") is soliciting comments regarding the efficiency, costs, benefits, and regulatory impact of its Guides for the Use of Environmental Marketing Claims ("Green Guides")....more
Nearly every board of a publicly traded company in the European Union, United Kingdom, or United States will have considered and, for most, reported on ESG matters. And it is not just public companies. In what has been little...more
The Centers for Medicare & Medicaid Services and other agencies together issued final regulations concerning the independent dispute resolution process for settling provider-payor disputes over reimbursement for...more
Around the country, creative plaintiffs' lawyers have been repackaging product liability claims as public nuisance claims to avoid dismissal. Plaintiffs have used this maneuver to attempt an end-run on important product...more
5/11/2022
/ Chevron ,
Failure To Warn ,
Herbicides ,
Litigation Strategies ,
Manufacturers ,
Multidistrict Litigation ,
Product Defects ,
Public Health ,
Public Nuisance ,
Toxic Chemicals ,
Toxic Exposure
In a win for health care providers across the nation, the U.S. District Court for the Eastern District of Texas has vacated a key regulation regarding the process for resolving payment disputes between insurers and...more
The U.S. Supreme Court held that the Fourth Circuit erred in its review of a remand order that would have kept Baltimore's climate change suit in state court.
On May 17, 2021, in Mayor and City Council of Baltimore v. BP...more
The Second Circuit dismissed New York City's climate suit because the Clean Air Act governs the regulation of domestic emissions and foreign concerns caution against judicial intervention in regulating foreign...more
The Situation: Defendants sued in state court are making use of a procedural technique known as "snap removal" to get otherwise non-removable cases into federal court. Snap removal takes advantage of the plain language of the...more
The Situation: A provision in the False Claims Act ("FCA") had clarified when Anti-Kickback Statute ("AKS") violations can make a claim false, but the provision's rule of per se falsity does not answer when a claim "result[s]...more
2/1/2018
/ Anti-Kickback Statute ,
Appeals ,
Charitable Donations ,
False Claims Act (FCA) ,
Health Care Providers ,
Healthcare Fraud ,
Medicare ,
Physicians ,
Relators ,
Stark Law ,
Summary Judgment