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Toxic Torts Updates

Read Toxic Torts news, alerts, and legal commentary from leading lawyers and law firms:

The Sting of a Thousand Cuts - China Cleans Up its Act on the Environment

by Dorsey & Whitney LLP on

On October 18, 2017, President Xi Jinping, in a three and a half hour speech to the Party Congress emphasized that building an ecological civilization is necessary for the continued development of China. He chose his words...more

Oil Spill/Water Enforcement: Mississippi Commission on Environmental Quality and Vicksburg, Mississippi River Barge Operator Enter...

The Mississippi Commission on Environmental Quality (“MCEQ”) and Magnolia Marine Transport (“MMT”) entered into a November 1st Agreed Order (“AO”) addressing alleged violation of a provision of the Mississippi Code addressing...more

Update on San Francisco Asbestos Trial Dates and Settlement Conference Process

by Selman Breitman LLP on

Judge Lee Going Back To "In-Person" MSC System For Preference And "Five Year" Cases - Judge Lee, the presiding judge of the San Francisco Asbestos Department, has indicated that asbestos cases up against the five year...more

Wastewater Enforcement: Arkansas Department of Environmental Quality and Pangburn, Arkansas Enter into Consent Administrative...

The Arkansas Department of Environmental Quality (“ADEQ”) and the City of Pangburn, Arkansas (“City”) entered into a Consent Administrative Order (“CAO”) addressing alleged Clean Water Act National Pollution Discharge...more

Voluntary Disclosure/Multi-Media Enforcement: U.S. Environmental Protection Agency and Clean Energy Production Company Enter into...

The United States Environmental Protection Agency (“EPA”) published a Notice in the Federal Register announcing a Consent Agreement (“CA”) with ENEL Green Power North America, Inc. (“EGP”) resolving alleged violations of...more

CA appellate court upholds most significant portions of $1.15B abatement judgment against lead paint manufacturers

by Dentons on

In a unanimous 138-page decision issued on November 14, 2017, which departed from appellate courts in every other jurisdiction that have considered the issue, the California Sixth District Court of Appeal in People v. ConAgra...more

Medical Waste/OSHA Enforcement: Missouri Podiatry Clinic Cited for Alleged Violations

The Occupational Safety and Health Administration (“OSHA”) cited Anderson Foot and Ankle Clinic (“AFAC”) for alleged violations of the hazard communication standard. AFAC is stated to be a Rolla, Missouri podiatry clinic....more

Hazardous Waste Enforcement: Arkansas Department of Environmental Quality and Morrilton, Arkansas Facility Enter into Consent...

The Arkansas Department of Environmental Quality (“ADEQ”) and Semco LLC (“Semco”) entered into an October 9th Consent Administrative Order (“CAO”) addressing an alleged of violation of Arkansas Pollution Control and Ecology...more

Hazardous Waste Enforcement: U.S. Environmental Protection Agency and San Antonio, Texas Medical Facility Operator...

The United States Environmental Protection Agency (“EPA”) and Gastroenterology Consultants of San Antonio, P.A. (“GCS”) entered into a Consent Agreement and Final Order (“CA”) addressing alleged Resource Conservation and...more

California Proposition 65 Actions Expected to Target Furfuryl Alcohol in Food and Beverages

by Bryan Cave on

The next wave of lawsuits involving California Proposition 65 and food products may allege exposure to furfuryl alcohol, a chemical commonly found in a wide variety of thermally processed foods and listed as a carcinogen...more

Sixth Circuit Holds Safe Drinking Water Act Does Not Preempt Constitutional Claims

by Beveridge & Diamond PC on

The Sixth Circuit revived previously dismissed claims in the Flint water cases, clarifying where the Safe Drinking Water Act (SDWA) does not preempt § 1983 claims. Boler v. Earley, No. 16-1684 (6th Cir. July 28, 2017)....more

Mississippi Federal Court Denies Preliminary Injunction for Failure to Show Threat of Irreparable Harm

by Beveridge & Diamond PC on

In a case demonstrating limits to injunctive relief, in the environmental context a Mississippi federal court denied a request for a temporary restraining order because the plaintiff did not show he would suffer irreparable...more

Hazardous Waste Enforcement: U.S. Environmental Protection Agency and Macy's Retail Holdings, Inc. Enter into Settlement Agreement

The United States Environmental Protection Agency (“EPA”) announced that it entered into a settlement with Macy’s Retail Holdings, Inc., (“Macy’s”) in regards to alleged violations of the hazardous waste regulations....more

European Parliament Calls for Tougher Environmental Liability Rules

by Latham & Watkins LLP on

The Environmental Liability Directive (ELD) aims to prevent, remedy and/or compensate for environmental damage. ELD seeks to achieve this through the “polluter pays principle”, ensuring businesses are held legally and...more

Insured Survives Summary Judgment Motion on Three Pollution Exclusion Exceptions

by Beveridge & Diamond PC on

Illustrating how an insured can counter the insurer’s pollution exclusion arguments in coverage disputes, a federal court in Illinois held that an insured chemical company succeeded in raising genuine issues of material fact...more

Federal Court in California Greenlights Discovery After Sufficient Lone Pine Submissions

by Beveridge & Diamond PC on

In a case demonstrating the limits of a Lone Pine strategy, a California federal court allowed a toxic tort class action to proceed after plaintiffs’ experts showed that “Plaintiffs’ case is not meritless or frivolous.” The...more

Ohio Natural Resources Damages Claim Dismissed with Prejudice for Failure to Properly Serve Defendant

by Beveridge & Diamond PC on

Demonstrating the importance of timely service of process in complex environmental cases, a federal court in Ohio dismissed CERCLA natural resource damages claims and related state statutory actions for the state’s failure to...more

Property Ownership and Water Supply Sources Matter in PFOA Contamination Lawsuits

by Beveridge & Diamond PC on

Illustrating some limitations on common law claims for groundwater contamination, a federal court in New York partially granted and partially denied a motion to dismiss in a cluster of sixteen lawsuits alleging...more

Washington State’s Suit Against Monsanto Remanded to State Court

by Beveridge & Diamond PC on

Clarifying the application of a doctrine called “federal officer jurisdiction,” a federal judge in Washington held that the federal government’s actions involving procurement of polychlorinated biphenyls (PCBs) from Monsanto...more

PCB Nuisance Suits from Three California Cities Stayed Pending Administrative Decision

by Beveridge & Diamond PC on

Showing how administrative claims can derail coexistent judicial actions, a federal court in California asked three California cities to first exhaust their administrative claims seeking state compensation for the cities’...more

District Court Permits Landowner to Pursue Hazardous Material Dumping Case Against the U.S. Navy

by Beveridge & Diamond PC on

Illustrating what constitutes sufficient notice to the government of the value of a claim under the Federal Tort Claims Act (FTCA), a Maryland federal court rejected the Navy’s claim that it had insufficient notice of the...more

Selling Products In California: Navigating Product Regulations

Big Picture: Product Liability in California - California applies its strict product liability laws to all products put into the stream of commerce and sold to the public, and those laws govern a wide array of products. ...more

Baltimore City Asbestos Docket Dilemma Comes to a Head in Annapolis

by Miles & Stockbridge P.C. on

Many plaintiffs consider the Circuit Court for Baltimore City to be the asbestos capital of the Maryland courts. After all, the City has its own asbestos litigation rules, docket procedures, and even its own electronic filing...more

Pennsylvania Fails to Timely Reissue General Permit for Stormwater Discharges Associated with Construction Activities – After...

by McNees Wallace & Nurick LLC on

After December 7, 2017, new Pennsylvania land development projects that disturb in total over an acre of land will require an individual National Pollutant Discharge Elimination System (“NPDES’) permit. Although the...more

Toxic Tort Claims From Train Derailment: Fear of Cancer and Satisfaction of the Amount in Controversy Requirement

by Lane Powell PC on

On August 28, 2017, the Third Circuit in Breeman v. Everingham (In re Paulsboro Derailment Cases) 2017 U.S. App. LEXIS 16393, dismissed the plaintiff’s fear of cancer toxic tort claims arising out of an alleged injury from a...more

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