PFAS in Focus: Show-Me Insights From Chris Wieberg, Missouri Department of Natural Resources - Reflections on Water Podcast
[Podcast] Catching Up on Canadian Environmental Regulation
PFAS: Increasing Regulations and Managing Legal Liability
EPA Plan Changes PFAS Outlook For Companies, Regulators
2BInformed: The Future of Fluoride in Drinking Water, the New TSCA Fees Rule, and the Drinking Water Contaminant Candidate List 5
The Great Green North: A Discussion on Canada’s Environmental Regulations
Forever Chemicals: What They are and What is being Done to Minimize Their Impact
What are PFAS and Why Should We Care?
On April 25, the New Jersey Superior Court Appellate Division reversed a trial court’s order dismissing the New Jersey Department of Environmental Protection’s (NJDEP) complaint as time-barred in NJDEP v. Desai. The ruling...more
As litigation involving per- and polyfluoroalkyl substances (PFAS) continues to rise, manufacturers of PFAS-containing products face significant legal and financial risks. Plaintiffs, including individuals, communities,...more
In our January insurance update, we include three state cases addressing some less common situations. It’s not often that a pollution exclusion is interpreted in the context of an auto policy. But the South Dakota Supreme...more
On October 5, 2022, New York Governor Kathy Hochul signed a bill allowing public water suppliers to prosecute previously time-barred claims relating to emerging contaminants in their water supply wells. N.Y. CPLR 214-h...more
New York Governor Andrew Cuomo signed legislation (S.3337C/A.5477C) on November 4 amending the New York Civil Practice Law and Rules to add new Section 214-h, which effectively lengthens the statute of limitations for claims...more
A recent decision of the Eastern District of New York in a groundwater contamination action illustrates the fact-sensitive nature of statute of limitations defenses. In Hicksville Water Dist. v. Philips Elecs. N. Am. Corp.,...more
On March 2, the U.S. Court of Appeals decided the case of Bethpage Water Dist. v. Northrop Grumman Corp., and affirmed the lower court’s dismissal on New York statute of limitations grounds, the Bethpage Water District’s...more
The First Appellate District of the California Court of Appeal recently confirmed California’s latent defect statute of limitations, codified in California Code of Civil Procedure section 337.15, bars only claims based on...more
Highlighting the importance of proving a factual timeline in a statute of limitations analysis, the Texas Supreme Court held that a cattle ranch owners’ claims related to alleged contamination from long-dormant oil and gas...more
On February 24, the Texas Supreme Court released several decisions, including two rulings involving aspects of environmental law. The cases are ExxonMobil Corporation v. Lazy R Ranch, et al., and ExxonMobil Pipeline Company,...more
Does the statute of limitations bar a claim for punitive damages if the conduct occurred outside the limitations period, but the plaintiff’s injuries occurred within it? An Illinois federal judge recently confronted this...more
After the NJ Supreme Court Finally Closed the Door on The Statute of Limitations Defense To NJ Spill Act Contribution Claims, Laches Emerges as a Possible Backdoor Defense. The Bergen County Superior Court issued a...more
California Appellate Court Upholds “Every Exposure” Theory - Deferring to the role of a jury in resolving questions of competing scientific theories, a California appeals court upheld a trial court’s ruling allowing...more
On July 21, 2016, New York Governor Cuomo signed into law New York State Assembly Bill No. A09568, which amends the statute of limitations for filing actions to recover damages for personal injury caused by contamination...more
On May 27, 2016, Vermont’s Supreme Court, in State of Vermont v. Atlantic Richfield Company, et al., ruled that the State of Vermont’s “generalized injury” claims “to state waters as a whole due to groundwater contamination...more
On January 26, 2015, the New Jersey Supreme Court unanimously ruled in Morristown Associates v. Grant Oil Co. that the general six-year statute of limitations for injury to real property does not apply to contribution claims...more
In State of New York v. Next Millenium Realty, decided earlier this week, the 2nd Circuit Court of Appeals confirmed the wisdom of Gilbert and Sullivan. It is very difficult to blow the statute of limitations in CERCLA...more