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Toxic Torts Consumer Protection

Read Toxic Torts news, alerts, and legal commentary from leading lawyers and law firms:
Morris, Manning & Martin, LLP

California Product Warnings Now Required For BPS

Proposition 65 warnings are now required for products containing BPS sold in California. BPS is one of several organic compounds known as bisphenols, which are chemical substances used in the production of plastics....more

Marshall Dennehey

Claimant’s Evidence Satisfied the Three-prong Test to Support the Section 301(F) Presumption That a Firefighter’s Chronic Myeloid...

Marshall Dennehey on

Borough of Hollidaysburg v. Paul Detwiler (WCAB); No. 739 C.D. 2023; Filed November 19, 2024; Judge Wolf - The claimant was a firefighter who developed chronic myeloid leukemia that was diagnosed in 2014. He learned his...more

Alston & Bird

Addition of Vinyl Acetate to Proposition 65 List

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The California Office of Environmental Health Hazard Assessment recently added vinyl acetate to the Proposition 65 list of carcinogens. Our Environment, Land Use & Natural Resources Group discusses what companies need to...more

Hissey, Mulderig & Friend, PLLC

How is Mesothelioma Diagnosed?: A Step-By-Step Guide

Workers whose jobs involved exposure to asbestos – including boilermakers, boiler workers, carpenters, factory workers, laborers, pipe coverers, and pipefitters – may be in danger of developing mesothelioma, asbestos lung...more

Goldberg Segalla

EPA Finishes Risk Evaluation of 1,4-Dioxane under TSCA, Initiates Risk-Management Actions

Goldberg Segalla on

Over the last six years, our firm has written extensively about 1,4-Dioxane, from U.S. EPA’s proclamations to state laws and regulations, litigation, and distinctions between federal and state perspectives. (see compilation...more

Cozen O'Connor

Democratic AGs Pour Support into Limiting PFAS in Drinking Water

Cozen O'Connor on

A group of 18 Democratic AGs filed an amicus brief with the U.S. Court of Appeals for the D.C. Circuit in American Water Works Association v. EPA (No. 24-1188) supporting the EPA’s defense of its Final Rule establishing...more

Faegre Drinker Biddle & Reath LLP

Foundation, Not Façade — The Fifth Circuit Affirms the Proper Basis Requirement for Admissibility of Expert Opinions in Newsome v....

In a toxic tort case, plaintiffs must establish general causation. If a substance is incapable of causing the type of injury plaintiff claims, then it certainly didn’t cause theirs. Under Texas law, toxic tort plaintiffs must...more

Wiley Rein LLP

[Webinar] Chemical Regulation: 2025 Outlook - February 5th, 12:00 pm - 1:00 pm EST

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As the second Trump Administration begins, significant shifts in the federal government’s approach to chemical regulation appear imminent. The main forces of change include the ongoing legal challenges to the Toxic Substances...more

Mayer Brown

English Court of Appeal Sets the Way Forward in Significant Environmental Damages Group Litigation

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In Alame and others v Shell Plc and another, the Court of Appeal of England and Wales has overturned a High Court judgment concerning the approach to causation in a significant environmental damages group action, finding that...more

Husch Blackwell LLP

Washington Court Finds No Take-Home Exposure in Asbestos Bench Trial

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In Perkins v. United States, Plaintiff Tristan Perkins sued the United States under the Federal Tort Claims Act (“FTCA”) for her mother Geraldine Perkins’ (“Decedent”) alleged wrongful death due to asbestos exposure. Alleging...more

Blank Rome LLP

Lead Contamination in Water: Flint Water Crisis Update

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The existence of lead pipes in municipal water systems and service lines connecting residential and commercial properties to water mains throughout the United States continues to generate litigation and regulatory action. The...more

Bennett Jones LLP

BC Court Declines to Certify Overdose Prevention Class Action After Finding No Basis in Fact for Causation

Bennett Jones LLP on

A recent decision from the Supreme Court of British Columbia underscores the Court’s cautious approach to certifying class actions in nuisance cases, particularly when the alleged harm arises from varied and diffuse conduct....more

McGlinchey Stafford

Stericycle Agrees to Pay $9.5 Million Civil Penalty for RCRA Violations

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On January 17, 2025, the Environmental Protection Agency (EPA) and the Department of Justice (DOJ) announced a $9.5 million settlement with Stericycle, Inc. for Hazardous Waste Management Violations. The settlement resolves...more

Bergeson & Campbell, P.C.

EPA Proposes to Clarify Supplier Notification Requirements for TRI-Listed PFAS

The U.S. Environmental Protection Agency (EPA) proposed on January 17, 2025, to clarify the timeframe for when companies must first notify a customer that one of its mixtures or trade name products contains a per- or...more

Harris Beach Murtha PLLC

Medical and Life Sciences: New York 2024 Year in Review

From medical devices to OTC drugs, preemption to expert preclusion, New York state and federal courts issued decisions in 2024 which further shaped the landscape in the medical and life sciences legal world. To prepare the...more

Integral Consulting Inc.

Rethinking Discount Rates in Natural Resource Damage Assessment: A Framework for More Accurate Valuation

A recent article by Integral economists Ted Tomasi, Will Cooper, and Dave Anning, published in the December 2024 issue of The Environmental Claims Journal, undertakes a comprehensive examination of the process of discounting...more

DLA Piper

Maine DEP Proposes Currently Unavoidable Use Procedures for PFAS in Products Law

DLA Piper on

Maine’s Department of Environmental Protection (DEP) recently published a proposed rule prescribing procedures and criteria for determining Currently Unavoidable Uses (CUU) of intentionally added per- and polyfluoroalkyl...more

Fox Rothschild LLP

State and Federal PFAS Litigation – 2019 to Q4 2024

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PFAS-related litigation continues to climb and to diversify as to claims and parties. See the attached graphics, updated through the fourth quarter of 2024. We will continue to update these graphics on a quarterly basis....more

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

Citizen Suit Action/RCRA: Conservation Law Foundation Alleges Violations by Natural Gas Pipeline System

The Conservation Law Foundation, Inc. filed a citizen suit Complaint in the United States District Court of Massachusetts on November 12th alleging violations by the following: Besides the Conservation Law Foundation, the...more

Searcy Denney Scarola Barnhart & Shipley

The Role of Toxicology in Florida Accident Investigations: What Happens If Drugs or Alcohol Are Suspected?

Accident investigations are essential for determining cause(s), assigning liability, and improving public safety. In Florida, where bustling roads, recreational boating, and tourism create dynamic environments, the role of...more

Bergeson & Campbell, P.C.

House Subcommittee Announces Hearing on Toxic Substances Control Act for January 22, 2025

The Subcommittee on Environment of the House Committee on Energy and Commerce has announced that its first hearing of the 119th Congress will focus on the Toxic Substances Control Act (TSCA). The hearing, “A Decade Later:...more

Bergeson & Campbell, P.C.

EPA Releases Final Risk Evaluation for DINP, Finding Unreasonable Risk of Injury to Human Health When Workers Are Exposed under...

On January 14, 2025, the U.S. Environmental Protection Agency (EPA) released the final risk evaluation for diisononyl phthalate (DINP) conducted under the Toxic Substances Control Act (TSCA). EPA states that it has determined...more

Bergeson & Campbell, P.C.

Wrap-Up of Federal and State Chemical Regulatory Developments, January 2025

TSCA/FIFRA/TRI - EPA Issues Final Risk Management Rules For TCE, PCE, And CTC: The U.S. Environmental Protection Agency (EPA) released final risk management rules under the Toxic Substances Control Act (TSCA) for...more

Schwabe, Williamson & Wyatt PC

EPA Identifies Significant Concerns for Producers Due to Biosolids That Contain PFAS

As part of the agency’s efforts to regulate per- and polyfluoroalkyl substances (PFAS), the EPA released a draft risk assessment for use of sewage sludge that is land-applied as a soil conditioner or fertilizer. Public...more

Conn Maciel Carey LLP

New U.S. Chemical Safety Board Tool

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On Tuesday, January 14, the CSB announced a new “incident report” tool, calling it a “new safety product to provide the public with more information about serious chemical incidents reported to the agency.” Through its...more

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