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Goldberg Segalla

Insurer Determined to Owe a Duty to Defend Asbestos Exposure Claims from Vermiculite Mining

Goldberg Segalla on

This insurance-coverage dispute involved alleged asbestos exposure from asbestos-containing vermiculite mined from Vermiculite Mountain outside of Libby, Mont. The court acknowledged that vermiculite ore may contain toxic...more

ArentFox Schiff

Bans on PFAS in Cookware: Litigation and Legislative Challenges

ArentFox Schiff on

On the litigation front, a federal judge denied an attempt by the Cookware Sustainability Alliance (CSA) to halt Minnesota’s current ban on intentionally added per- and polyfluoroalkyl substances (PFAS) in cookware. However,...more

McGuireWoods LLP

Contaminants Compass: March 2025 Edition

McGuireWoods LLP on

“Contaminants Compass” is a monthly newsletter that provides updates, legal observations and actionable tips to navigate the evolving legal challenges of per- and polyfluoroalkyl substances (PFAS)....more

Beveridge & Diamond PC

RMP Rulemaking Redux

Beveridge & Diamond PC on

The U.S. Environmental Protection Agency’s (EPA) Risk Management Program (RMP) regulations, 40 C.F.R. Part 68, appear to be headed back to rulemaking. These much-debated provisions have been amended, rescinded, and...more

Kelley Drye & Warren LLP

Kansas Seeks to Stop Ford County From ​“Usurping” its Sovereignty

In January, Ford County, Kansas joined a class action complaint filed in Missouri against eleven plastics manufacturers, seeking to represent ​“all persons or entities” in 35 states who purchased relevant plastics since 1990....more

Bennett Jones LLP

Federal Court Orders Review of PMRA Decision Renewing Glyphosate Pesticide

Bennett Jones LLP on

The Federal Court has ordered the review of another Pest Management Regulatory Agency (PMRA) decision, spotlighting how the regulatory agency handles new scientific evidence in the renewal process for pesticides in Canada....more

Bergeson & Campbell, P.C.

EPA Will Review 2024 Rule Amending the TSCA Risk Evaluation Framework Rule

On March 10, 2025, the U.S. Environmental Protection Agency (EPA) announced its intent to reconsider the May 3, 2024, rule amending the procedural framework rule for conducting risk evaluations under the Toxic Substances...more

Melito & Adolfsen

“Taking the Suddenness Out of Accident”

Melito & Adolfsen on

Can AI or Chat GBT write poetry, perhaps by accident. But an insurance underwriter came up with the phrase: “Taking the suddenness out of accident.” Now that’s poetry. The poet was describing the “occurrence” definition in an...more

K&L Gates LLP

Expanded Interpretation of Price-Anderson Act is Another Positive Sign for Commercial Nuclear Development in the United States

K&L Gates LLP on

On 10 February 2025, the US Court of Appeals for the Federal Circuit (Federal Circuit) issued a decision in Cotter Corp. v. United States that solidified a broad interpretation of the applicability of contractual and...more

Bennett Jones LLP

Federal Government Publishes State of PFAS Report and Risk Management Approach

Bennett Jones LLP on

The Government of Canada published the final "State of per- and polyfluoroalkyl substances (PFAS) report" (State of PFAS Report), the "Risk management approach for per- and polyfluoroalkyl substances (PFAS), excluding...more

Pillsbury - PFAS Observer

Maryland Files PFAS Suit Against Downstream Manufacturer

Maryland has filed suit against W.L. Gore & Associates (Gore), a downstream user of PFAS-containing materials, alleging that its manufacturing processes contributed to PFAS contamination through its use of...more

Pillsbury - PFAS Observer

Court Approves 60-Day Stays in Legal Battles over Biden-Era PFAS Regulations amid Administration Shift

In a move that signals potential policy shifts under the new administration, the U.S. Court of Appeals for the District of Columbia Circuit granted EPA’s requests for 60-day stays in two high-profile cases challenging...more

Fox Rothschild LLP

Alleging Non-AFFF Claims in a Separate Action May Not Keep Those Claims in State Court

Fox Rothschild LLP on

State government plaintiffs in cases against PFAS manufacturers have adopted the strategy of filing parallel complaints in state court – one for recovery for contamination caused by PFAS in AFFF and a second for potentially...more

Goldberg Segalla

New Strategy is Embraced for Product Identification in Multidistrict PFAS Litigation

Goldberg Segalla on

The Aqueous Film-Forming Foam (AFFF) MDL has taken a significant step forward with the introduction of a new case management program intended to streamline the complex process of product identification. The program’s...more

Goldberg Segalla

Jury Returns Verdict for American Honda in Asbestos Brakes Case

Goldberg Segalla on

Jurisdiction: Calif. Super., Los Angeles Co. - Plaintiff Jose Estrada filed suit alleging exposure to asbestos from a variety of products, including automobile parts during his employment at a tire store. Mr. Estrada was...more

Clark Hill PLC

Washington’s Toxic-Free Cosmetics Act: What You Need to Know

Clark Hill PLC on

1. The Toxic-Free Cosmetics Act (“TFCA”) restricts nine chemicals or chemical classes. The TFCA restricts nine chemicals or chemical classes from cosmetic products made, distributed, or sold in Washington....more

Bergeson & Campbell, P.C.

EPA Reschedules SACC Meetings to Consider 1,3-Butadiene Draft Risk Evaluation, Will Issue Supplement

The U.S. Environmental Protection Agency (EPA) announced on March 11, 2025, the rescheduled meeting dates of the Science Advisory Committee on Chemicals (SACC) that had been previously scheduled for February 2025 to consider...more

Goldberg Segalla

Defendant’s Motion for Summary Judgment Granted Based on Expert Preclusion

Goldberg Segalla on

Jurisdiction: United States District Court for the Southern District of New York - Plaintiff Scott Keller alleged that he was exposed to asbestos during his employment on ExxonMobil Oil Company vessels and that he developed...more

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

Citizen Suit Action/Toxic Substances Control Act: Public Employees for Environmental Responsibility Notice of Intent to Sue U.S....

Two environmental organizations sent a May 17th document to the United States Environmental Protection Agency (“EPA”) styled: Notice of Intent to File Suit to Compel Performance of a Non-Discretionary Duty Under Section...more

Blake, Cassels & Graydon LLP

Canada Publishes Final State of Per- and Polyfluoroalkyl Substances (PFAS) Report

Introduction - The Government of Canada has announced its intention to designate PFAS, a family of thousands of human-made chemicals known for their oil- and water-resistant properties, as “toxic” under the Canadian...more

Bergeson & Campbell, P.C.

EU Advocate General Recommends Overturning Decision Annulling Harmonized Classification and Labeling of Titanium Dioxide

On February 6, 2025, the European Union (EU) Advocate General (EU AG) recommended that the European Court of Justice (ECJ) overturn the 2022 decision of the General Court annulling the 2019 harmonized classification and...more

Bergeson & Campbell, P.C.

EPA Extends Comment Period on Draft TSCA Risk Evaluation for DCHP

The U.S. Environmental Protection Agency (EPA) announced on March 7, 2025, that it is extending the comment period on the draft risk evaluation for dicyclohexyl phthalate (DCHP) under the Toxic Substances Control Act (TSCA)....more

Goldberg Segalla

Federal Court in Louisianna Grants Plaintiff’s Motion for Partial Summary Judgment

Goldberg Segalla on

Jurisdiction: United States District Court for the Eastern District of Louisiana - This case arises from Plaintiff Nolan J. Lebouf Jr.’s alleged exposure to asbestos. The plaintiff specifically claims to have been exposed to...more

Akin Gump Strauss Hauer & Feld LLP

PFAS Ground Zero Revisited: Checking in on Maine and Minnesota

In many ways, Maine and Minnesota had the first words on the regulation of PFAS in the U.S. Their broad definitions of the chemicals set the stage for similar regulation across the continent. So when legislators in both...more

Goldberg Segalla

Illinois Jury Finds for Plaintiff in Wrongful Death Action Involving Asbestos Exposure

Goldberg Segalla on

Jurisdiction: Illinois Circuit Court – Cook County - This lawsuit involved a survival and wrongful death action brought under the Federal Employers’ Liability Act (FELA) in Illinois.  Plaintiff, Annette Sanders, represented...more

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