News & Analysis as of

Environmental Litigation Hazardous Substances

Cozen O'Connor

Democratic AGs Go For Broke on PFAS Manufacturer Bankruptcy Deal

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A group of six Democratic AGs filed an objection to a proposed bankruptcy plan for firefighting foam manufacturer Kidde-Fenwal, Inc. (“KFI”), claiming that the deal would allow KFi to avoid billions in potential liabilities...more

McGlinchey Stafford

Sixth Circuit Clarifies CERCLA Statute of Limitations

McGlinchey Stafford on

On May 12, 2025, the U.S. Court of Appeals for the Sixth Circuit issued a pivotal decision addressing the timing of contribution claims under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA),...more

Goldberg Segalla

Decoding a Landmark Case: Environmental Laws and Legal Strategy in New Jersey’s PFAS Trial against DuPont

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A high-stakes environmental trial is unfolding in New Jersey, where the state is taking on E.I. DuPont de Nemours and its related entities over widespread PFAS contamination at the former Chamber Works facility in Salem...more

Troutman Pepper Locke

New Jersey AG Platkin Reaches $450M PFAS Settlement With 3M

Troutman Pepper Locke on

On May 13, New Jersey Attorney General (AG) Matthew Platkin announced a proposed $450 million settlement agreement with 3M regarding allegations that, among other issues, contamination of perfluoroalkyl and polyfluoroalkyl...more

Lowenstein Sandler LLP

How Long is Forever? PFAS Chemicals in Commercial Real Estate

Lowenstein Sandler LLP on

In this episode of "Terra Firma: Conversations on Commercial Real Estate," Kegan A. Brown, partner in Lowenstein's Environmental Law & Litigation group, joins Real Estate partner Kimberly E. Lomot for a discussion on PFAS,...more

Cozen O'Connor

New Jersey Secures $450 Million Settlement with 3M over PFAS Contamination

Cozen O'Connor on

New Jersey AG Matthew Platkin announced a $450 million settlement with 3M to resolve allegations that the company contaminated the state’s water supplies with harmful “forever chemicals,” or PFAS. According to the state’s...more

Goldberg Segalla

Breaking News: Significant PFAS Settlement in New Jersey

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Another major settlement was announced this week in New Jersey in consolidated cases filed by the New Jersey Department of Environmental Protection and other state entities. (You can review the Judicial Consent Order here as...more

Lowenstein Sandler LLP

Petroleum Exclusion Reaffirmed Despite Assertions of Hazardous Substances Within It: Middle District of North Carolina CERCLA...

Lowenstein Sandler LLP on

On May 8, the Middle District of North Carolina granted summary judgment dismissing cost recovery and declaratory judgment claims brought under the Comprehensive Environmental Response, Compensation, and Liability Act...more

Fox Rothschild LLP

Litigation Over PFAS Designation as Hazardous Substances Remains on Hold

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On April 30, 2025, the U.S. Court of Appeals for the D.C. Circuit granted an additional 30-day abeyance in the challenge to EPA’s Final Rule designating Perfluorooctanoic Acid (PFOA) and Perfluorooctanesulfonic Acid (PFOS) as...more

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

America's Most Endangered Rivers: American Rivers Announces 2025 Annual Listing

The organization American Rivers announced in an April 15th news release its annual list of America’s Most Endangered Rivers. The organization states that it reviews nominations for America’s Most Endangered Rivers from...more

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

Alabama Water Quality Criteria/Toxicity Values: Six Environmental Organizations Submit Petition to Alabama Environmental...

Six environmental organizations submitted an April 15th Petition to the Alabama Environmental Management Commission to amend Ala. (ADEM) Admin. Code Chap. 335-6-10, Appendix A....more

Morris, Manning & Martin, LLP

Policyholder Lessons from IBM Environmental Remediation Suit Against Insurers

IBM recently filed a declaratory judgment action against multiple insurers seeking coverage for environmental remediation costs. The complaint contains lessons for policyholders facing long-tail environmental exposure claims....more

Morgan Lewis

PFAS in Germany and the European Union: A Legal Overview

Morgan Lewis on

PFAS are attracting increasing public attention around the world. In Europe, authorities and residents are trying to assert their rights and are taking more and more legal action. This LawFlash provides a legal overview on...more

American Conference Institute (ACI)

[Event] 2nd Annual Summit on PFAS Regulation, Compliance and Litigation - May 29th - 30th, New York, NY

The PFAS regulatory landscape is evolving fast, and with a new administration on the horizon, major changes in compliance, enforcement, and litigation risks could be imminent. If your business fails to stay ahead, you can...more

Lowenstein Sandler LLP

New Jersey Appellate Division Decision Creates Risk That NJDEP May Be Able To Revive Time-Barred Claims for Investigation and...

Lowenstein Sandler LLP on

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

Alston & Bird

PFAS Primer Quarterly Update: 2025 Q1 – Setting the PFAS Standard

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In the latest edition of the PFAS Primer Quarterly Update, our roundup of regulatory, litigation, and scientific actions involving PFAS, states exempt PFAS products – except the states that don’t, defendants can remove PFAS...more

Goldberg Segalla

Illinois Supreme Court to Decide Whether Ethylene Oxide Emissions Qualify as Traditional Environmental Pollution

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The question of whether ethylene oxide emissions constitute traditional environmental pollution for the purpose of interpreting commercial general liability pollution exclusions remains unsettled in many jurisdictions across...more

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

Common Law Action/Class Action Complaint: Washington County, Arkansas Circuit Court Action Filed Against Springdale Landfill

Three individuals (collectively, “Plaintiffs”) filed on April 18th a class action Complaint (“Complaint”) against Eco-Vista, LLC (“Eco-Vista”), in the Circuit Court of Washington County, Arkansas. See 72CV-25-1748....more

Pillsbury - Policyholder Pulse blog

The Latest on PFAS: What Policyholders Need to Know Now

We have previously written on the evolving risks associated with PFAS—also known as “forever chemicals”—and their implications for policyholders navigating environmental liabilities involving both PFAS and PFAS-related...more

McGuireWoods LLP

Contaminants Compass: April 2025 Edition

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“Contaminants Compass” is a monthly newsletter that provides updates, legal observations and actionable tips to navigate the evolving legal “Contaminants Compass” is a monthly newsletter that provides updates, legal...more

Farella Braun + Martel LLP

What's At Stake As 9th Circ. Eyes Cultural Resource Damages

On April 17, 2025, the Ninth Circuit Court of Appeal will hear oral argument in Pakootas v. Teck Cominco on a question that has plagued CERCLA NRD practitioners and parties for years, if not decades:  whether cultural...more

Nelson Mullins Riley & Scarborough LLP

IARC Classifies Gasoline As a Human Carcinogen – Litigation May Follow

Last month, the International Agency for Research on Cancer (IARC) announced its new classification for “automotive gasoline and some oxygenated gasoline additives.” In a result that follows IARC’s previous pattern and...more

Pillsbury - PFAS Observer

Court Grants Additional 30-Day Pause in PFAS Drinking Water Rule Litigation

On April 10, 2025, at the request of the Environmental Protection Agency (EPA), the U.S. Court of Appeals for the District of Columbia Circuit extended the stay by 30 days in American Water Works Association, et al. v. EPA,...more

Wenning Environmental

Lessons From Dioxins And PCBS Inform Smarter PFAS Site Investigations

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Insights from decades of intense scrutiny of dioxins and PCBs in the environment, beginning in the 1960s, remain pertinent to our current challenges with PFAS. The lessons learned regarding detection and measurement,...more

Fox Rothschild LLP

State and Federal PFAS Litigation – 2019 to Q1 2025

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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 first quarter of 2025.  We will continue to update these graphics on a quarterly basis....more

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