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Butler Snow LLP

Turnabout is Fair Play – “Junk Science” Litigation Aftermath: Requisite Retractions and Dubious Do-Overs

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Do plaintiffs’ experts get to put junk science before juries more often than their opinions are excluded? The answer is a resounding “probably.” Even in light of the December 2023 amendment to Federal Rule of Evidence and its...more

Butler Snow LLP

Turning Up the Heat? Pressure Testing Scientific Theories in Science Days, Rule 702 Hearings, and the Hot Tub

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Identifying junk science is merely the first step of the battle when considering argument approach and courtroom strategy. With this in mind, the main goals are to keep junk science out of the courtroom and, of course, win...more

Butler Snow LLP

Junk Science: What Courts are Seeing and How It Affects Us: A Judge’s Eye View

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Trial lawyers, especially defense lawyers in the pharmaceutical and medical device arena, strive to ensure that “junk science” stays out of the courtroom. Unfortunately, that is often wishful thinking. When I spoke with an...more

Beveridge & Diamond PC

EPA Announces Reevaluation of the TSCA Risk Evaluation Framework Rule (Updated)

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This alert was originally published on March 20, 2025, and has been revised based on recent developments. Last year, the U.S. Environmental Protection Agency (EPA) under the Biden administration finalized amendments to...more

K&L Gates LLP

Litigation Minute: Emerging Contaminants: Minimizing and Insuring Litigation Risk

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What You Need to Know in a Minute or Less - As the scientific and regulatory landscape surrounding various emerging contaminants shifts, so too do the options that companies can consider taking to minimize and insure against...more

Morris, Manning & Martin, LLP

Policyholder Concerns after Georgia Federal Court Takes Broad Reading of Pollution Exclusion

In Citizens Ins. Co. of Am., et al. v. Augusta Chiller Service, Inc., et al., the Southern District of Georgia granted insurers' motions for summary judgment in part on their duty to defend under a primary and excess policy...more

Akerman LLP

Georgia Federal Court Applies “Fungi or Bacteria” Exclusion and Holds Insurer Owed No Duty to Defend Mold Exposure Wrongful Death...

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In Nationwide Property & Casualty Insurance Company v. Hampton Court, L.P., et al. the United States District Court for the Northern District of Georgia granted an insurer's motion for judgment on the pleadings that it owed...more

Jones Day

Climate Change Suits Against Energy Companies Tossed by U.S. State Courts

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On January 23, 2025, in an opinion for City of Annapolis v. BP PLC, et al. and Anne Arundel County, Maryland v. BP PLC, et al., the Circuit Court of Anne Arundel County, Maryland, dismissed two cases brought by the City of...more

Bergeson & Campbell, P.C.

Canada Releases Final State of PFAS Report and Proposed Risk Management Approach

On March 5, 2025, Environment and Climate Change Canada (ECCC) announced the availability of its final State of Per- and Polyfluoroalkyl Substances (PFAS) Report (State of PFAS Report) and proposed risk management approach...more

Beveridge & Diamond PC

Twelve TSCA Developments to Expect in 2025 (Updated)

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This alert was originally published on December 4, 2024, and has been revised based on recent developments. With the election of Donald Trump, the implementation of the Toxic Substances Control Act (TSCA) in 2025 will...more

Blank Rome LLP

PFAS Bans Go into Effect; Manufacturers Attempt to Push Back on Regulations

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Many states have enacted or plan to enact new regulations regarding the manufacturing of products containing per- and polyfluoroalkyl substances (“PFAS”), also known as “forever chemicals,” because they do not easily break...more

Goldberg Segalla

Plaintiffs’ Appeal of Trial Court’s Order Granting Defendant’s Motion to Quash Service of Summons Successful in California

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Court of Appeal of California, First Appellate District, Division Four - Blanca Hernandez, et al., v. Volkswagen Aktiengesellschaft, et al. This litigation arises from claims of asbestos exposure. The plaintiffs allege the...more

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

PCB Bulk Product Waste Storage Timeframes: U.S. Environmental Protection Agency Response to Region 1 Request for Approval of...

The United States Environmental Protection Agency (“EPA”) Office of Resource Conservation and Recovery issued a January 17th memorandum titled: Response to Region 1 Request Regarding PCB Bulk Product Waste Storage...more

Bergeson & Campbell, P.C.

HSE Publishes UK REACH Report (2023 to 2024) and Work Programme (2024 to 2025)

The United Kingdom’s (UK) Health and Safety Executive (HSE) announced on March 21, 2025, that it has published the following annual report and work program on activities under the UK regulation on the Registration,...more

Allen Matkins

California Environmental Law & Policy Update 3.21.25

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President Donald Trump’s Department of Government Efficiency (DOGE) plans to terminate lease contracts at nearly two dozen California offices relating to science, agriculture, and the environment, according to its federal...more

Mandelbaum Barrett PC

NJDEP Proposes to Revamp its Remedial Action Permit Process

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To follow up our prior Environmental Blog discussing the proposed amendments to the Site Remediation Reform Act (SRRA) 2.0, another significant change relates to the remedial action permit (RAP) framework, aiming to...more

White and Williams LLP

Top Developments - 2025, Issue 1

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New Jersey appeals court concludes that claims by a condominium resident alleging injury from indoor exposure to mold did not fall within a “consumption” exception to mold exclusions* in CGL policies where the resident...more

Holland & Knight LLP

A Look at Ongoing Nuclear Litigation

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As part of an ongoing spate of litigation, the U.S. Nuclear Regulatory Commission (NRC) filed a motion to dismiss, on procedural grounds, in a case that challenges its authority to require construction and operating licenses...more

Goldberg Segalla

Asbestos Bankruptcy Trusts Announce Intent to Destroy Data and Documents

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Earlier this year, at least four asbestos bankruptcy trusts including WR Grace, Babcock & Wilcox, Pittsburgh Corning and Owens Corning, issued notices regarding their intent to destroy data and documents submitted by...more

Blake, Cassels & Graydon LLP

Le Canada publie son rapport final sur l’état des substances perfluoroalkylées et polyfluoroalkylées

Introduction - Le gouvernement du Canada a annoncé son intention de désigner les substances perfluoroalkylées et polyfluoroalkylées (les « SPFA »), soit une famille de milliers de produits synthétiques connus pour leur...more

Beveridge & Diamond PC

EPA Announces Reevaluation of the TSCA Risk Evaluation Framework Rule

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Last year, the U.S. Environmental Protection Agency (EPA) under the Biden administration finalized amendments to the procedural framework rule for conducting risk evaluations under the Toxic Substances Control Act (TSCA) that...more

Troutman Pepper Locke

California Sets Stage to Improve Hazardous Waste Management

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In what should be welcome news to industry and others who generate hazardous waste in California (including contaminated soil), the California Environmental Protection Agency (EPA), through the Department of Toxic Substances...more

King & Spalding

France Adopts a Law Banning PFAS in Cosmetics, Textiles, and Waxing Products

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After several months of uncertainty due to amendments made by the Senate and the dissolution of the National Assembly shortly thereafter, France finally passed a law on February 27, 2025, aiming to reduce risks associated...more

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

Phosphoric Acid Production Waste/Federal Court Petition for Writ of Mandamus: Center for Biological Diversity Seeks U.S....

The Center for Biological Diversity and other organizations filed a March 10th Petition for Writ of Mandamus (“Petition”) before the United States Court of Appeals for the District of Columbia Circuit asking that the United...more

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

Title V/Clean Air Act: Harris County, Texas Petition to Object Filed Addressing Deer Park Chemical Manufacturing Facility

Harris County, Texas filed a March 10th Title V Petition to Object (“Petition”) before the United States Environmental Protection Agency (“EPA”) Administrator related to the Lubrizol Corporation’s Deer Park Plant (“Plant”)....more

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