Testing the Waters: The Implications of Loper Bright on EPA’s New PFAS -
Regulations -
In the past year, the U.S. Environmental Protection Agency (“EPA”) finalized several significant rules to regulate per- and...more
9/9/2024
/ Administrative Procedure Act ,
American Bar Association (ABA) ,
Artificial Intelligence ,
CERCLA ,
Chevron Deference ,
Chevron v NRDC ,
Environmental Protection Agency (EPA) ,
Learned Intermediary ,
Loper Bright Enterprises v Raimondo ,
Machine Learning ,
New Regulations ,
PFAS ,
Statutory Interpretation
Recent Nuclear Verdicts Highlight Danger of Punitive Damages -
In October and November 2023, four separate products liability trials ended with large plaintiff verdicts. Three of these verdicts were against Monsanto in...more
12/4/2023
/ Chemicals ,
Class Action ,
Dismissals ,
Draft Guidance ,
Federal Food Drug and Cosmetic Act (FFDCA) ,
Food and Drug Administration (FDA) ,
Inspections ,
Mass Tort Litigation ,
Monsanto ,
Negligence ,
PFAS ,
Popular ,
Punitive Damages ,
SCOTUS ,
Strict Product Liability
Senators Focus Attention on Litigation Funding’s Opacity -
Building on the momentum we previously noted related to litigation funding, on September 14, Senator John Kennedy introduced the Protecting Our Courts from Foreign...more
10/31/2023
/ CERCLA ,
Compliance ,
Consolidated Appropriations Act (CAA) ,
Cybersecurity ,
Environmental Protection Agency (EPA) ,
Federal Food Drug and Cosmetic Act (FFDCA) ,
Final Guidance ,
Final Rules ,
First Amendment ,
Food and Drug Administration (FDA) ,
Foreign Investment ,
Litigation Funding ,
Medical Devices ,
PFAS ,
Political Campaigns ,
Proposed Legislation ,
Regulatory Oversight ,
SCOTUS ,
Social Media ,
Third Party Funding ,
Toxic Substances Control Act (TSCA) ,
Transparency ,
Vulnerability Assessments ,
Wireless Technology
EPA Strengthens Focus on PFAS -
Late last month, U.S. EPA finalized a rule requiring current and historical manufacturers and importers of perfluoroalkyl substances (PFAS) and PFAS-containing materials to report on PFAS...more
10/25/2023
/ CERCLA ,
Compliance ,
Enforcement ,
Environmental Protection Agency (EPA) ,
Final Rules ,
Hazardous Substances ,
New Regulations ,
PFAS ,
Popular ,
RCRA ,
Safe Drinking Water Act
Delaware Supreme Court Rejects No-Injury Medical Monitoring Claims -
As part of our ongoing coverage of issues in Medical Monitoring, we noted that the Delaware Supreme Court received a certified question from the U.S....more
10/2/2023
/ Air Pollution ,
Appeals ,
DE Supreme Court ,
Draft Guidance ,
Environmental Protection Agency (EPA) ,
Federal Food Drug and Cosmetic Act (FFDCA) ,
Federal Rules of Civil Procedure ,
Food and Drug Administration (FDA) ,
Medical Devices ,
Medical Monitoring ,
Motion to Exclude ,
OECA ,
PFAS ,
Software
Advances in Videoconferencing Do Not Change the Subpoena Power of the Court -
In In re Kirkland, 2023 WL 4777937 (9th Cir. July 27, 2023), the Ninth Circuit held that a district court could not subpoena testimony outside the...more
PFAS Litigation Continues to Expand -
In recent months, state attorneys general have filed lawsuits seeking natural resource damages for historical releases of per- and polyfluoroalkyl substance (“PFAS”) to the...more
EPA has announced proposed national drinking water standards for six PFAS compounds, including PFOA and PFOS.
The regulation would create enforceable Maximum Contaminant Levels for these PFAS, and states would be required...more
3/20/2023
/ CERCLA ,
Compliance ,
Contamination ,
Drinking Water ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
PFAS ,
Proposed Regulation ,
Public Health ,
Risk Mitigation ,
Toxic Chemicals
Introducing Dechert Re:Torts, a monthly publication that offers a summary of significant cases, rules and pertinent issues, brought to you by Dechert’s Product Liability and Mass Torts Group. Our snapshots help you stay...more
2/1/2023
/ Asbestos ,
Environmental Protection Agency (EPA) ,
Federal Food Drug and Cosmetic Act (FFDCA) ,
Federal Trade Commission (FTC) ,
Food and Drug Administration (FDA) ,
Mass Tort Litigation ,
Modernization of Cosmetics Regulation Act of 2022 (MoCRA) ,
Multidistrict Litigation ,
Patent Infringement ,
PFAS ,
Popular ,
Product Recalls ,
Proposed Amendments ,
Proposed Rules ,
Registration Requirement ,
Reporting Requirements ,
Risk Management ,
Strict Product Liability ,
Toxic Substances Control Act (TSCA)
The U.S. Environmental Protection Agency (EPA) announced new interim lifetime drinking water health advisories for perfluorooctanoic acid (PFOA) and perfluorooctane sulfonic acid (PFOS), as well as final health advisories for...more
6/16/2022
/ Biden Administration ,
Contamination ,
Discharge of Pollutants ,
Drinking Water ,
Enforcement Guidance ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
Hazardous Substances ,
Infrastructure ,
New Guidance ,
PFAS ,
Public Health ,
Regulatory Agenda ,
Toxic Chemicals ,
Toxic Exposure
Key Takeaways - The PFAS litigation landscape – already involving PFAS manufacturers and purchasers of PFAS-containing fluoropolymers and firefighting films – is in the process of expanding, which is putting new companies and...more