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DRI

What’s Old May Be New Again: Addressing Radioactive Toxic Tort Claims and Planning for the Next Frontier

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Everyone in the world is exposed to some ionizing radiation every year. The effects of this exposure can vary substantially based on a number of factors, including among other things, the dose absorbed, the period of...more

Fishman Haygood LLP

U.S. Eleventh Circuit Rejects FIFRA Preemption in Roundup Case

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As of May 2022, Monsanto, the company that developed the allegedly cancer-causing weed killer Roundup, has settled more than 100,000 lawsuits, and paid nearly $11 billion in settlements. Despite this massive number, 30,000...more

Goldberg Segalla

EPA’s Final EtO Rule Finally Finalized

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The Environmental Protection Agency on March 14 announced final amendments to the National Emission Standards for Hazardous Air Pollutants (NESHAP) applicable to 90 large commercial sterilization facilities that use ethylene...more

Goldberg Segalla

First-of-its-kind Ethylene Oxide Verdict Awards Record Damages Against Defendant Sterigenics

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On September 19, 2022, a Cook County (Illinois) jury awarded $363 million to 70-year-old plaintiff Susan Kamuda  in the first of many lawsuits against industrial sterilization company Sterigenics.  These lawsuits accuse the...more

BCLP

Consumer products regulations on the rise for 1,4-Dioxane

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In a growing trend to regulate the chemicals contained in consumer products, numerous states are enacting laws and regulations to address the presence of 1,4-dioxane in consumer products. 1,4-dioxane is a synthetic industrial...more

Miles & Stockbridge P.C.

Companies that Use and Emit Ethylene Oxide Should be Aware of Upcoming Regulatory Action and Litigation Risks

In our earlier post, Public and Regulatory Attention to Forever Chemicals is at an All-Time High, we discussed the expected and upcoming regulation of per- and polyfluoroalkyl substances (“PFAS”). Another chemical expected to...more

MG+M The Law Firm

California Adds PFAS to List of Chemicals Subject to Prop 65 Enforcement Actions

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California has just added per- and poly-fluoralkyl substances (PFAS) to the list of chemicals requiring consumer warnings under Proposition 65, meaning that state residents can soon expect to see the words “cancer” and...more

Levenfeld Pearlstein, LLC

“Forever Chemicals” Are a Growing Environmental Concern: What Businesses and Individuals Need to Know

Though climate change dominates headlines during Earth Month, health experts (and lawyers) are increasingly concerned about a ubiquitous group of chemicals known as PFAS (per- and polyfluoroalkyl substances). The few people...more

King & Spalding

EPA’s Inspector General Recommends Review of Ethylene Oxide and Chloroprene Standards to Address Health Risks, Environmental...

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On May 6, 2021, the U.S. Environmental Protection Agency’s (“EPA”) Office of Inspector General (“OIG”) published the results of an audit examining EPA’s response to updated cancer risk values for two chemicals: ethylene oxide...more

Bergeson & Campbell, P.C.

EPA Updates Modeling Tool That Evaluates Chemical’s Potential To Cause Cancer

EPA announced on January 8, 2021, that it released an updated and improved version of OncoLogic™, a system used to evaluate a chemical’s potential to cause cancer. EPA states that, in partnership with the Organization for...more

Pillsbury Winthrop Shaw Pittman LLP

California Appellate Court Upholds Monsanto’s Duty to Warn Based on Potential Risks

A California Court of Appeal affirmed the lower court’s finding that Monsanto had the strict liability duty to warn of potential risks and side effects of its Roundup herbicides. It further affirmed that FIFRA does not...more

Womble Bond Dickinson

IARC’s “Probably Carcinogenic” Does Not Justify Warning Labels but Drives Litigation Uncertainty

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What happens when an international research agency decides that the most widely used herbicide in the world may cause cancer? Well, it depends. Are you asking a judge? Or jurors?...more

Buchalter

Federal Court Prohibits Prop 65 Warning on Glyphosate-based Herbicides

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On June 22, 2020, a US District Court for the Eastern District of California issued a permanent injunction against requiring a Proposition 65 warning on the labels of herbicides containing glyphosate, such as Roundup. In...more

Pillsbury Winthrop Shaw Pittman LLP

The Evolving Argument Surrounding Federal Preemption of Proposition 65

Ninth Circuit considers whether federal law takes precedence over California statute requiring warnings about chemicals. Hardeman v. Monsanto, pending before the Ninth Circuit Court of Appeal, raises issues as to whether a...more

Searcy Denney Scarola Barnhart & Shipley

Injured Patients Want Consolidation of Zantac Lawsuits

Litigation Update - On January 30, 2020, class action, consumer protection and pharmaceutical lawyers from around the country will be in federal court in Tampa, Florida to argue before a panel of federal judges whether...more

Cozen O'Connor

EPA versus the State of California: An Important Glyphosate Update

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Glyphosate is a widely used herbicide perhaps best known for being the active ingredient in the blockbuster weed killer Roundup®.  As many readers are probably aware, Roundup® is currently the subject of both state and...more

Allen Matkins

California Environmental Law & Policy Update - August #2

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Focus - EPA will not approve labels that say Roundup chemical causes cancer - U.S. News & World Report – August 8 - The U.S. Environmental Protection Agency (EPA) announced this Thursday that it will not approve...more

Buchalter

New Life For A Dormant Defense: Do Proposition 65 Warnings Violate The First Amendment?

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Can you be forced to slap language on a product you sell that not only do you not agree with but which can be false or misleading – and scare your customers? In California the answer is yes. But that may be finally...more

Eversheds Sutherland (US) LLP

Monsanto verdict reduced but case highlights jury realities in products cases

Recently, a jury in San Francisco was asked to determine whether “Roundup,” the world’s most popular and widely used herbicide, causes cancer - a question debated in hundreds of studies by oncologists, clinicians, chemists...more

Kelley Drye & Warren LLP

This is Not a Dream … Agencies Actually are Reviewing the Cancer Risks of Night Shift Work

The headlines read like something out of The Onion, but both the U.S. National Toxicology Program (NTP) and the International Agency for Research on Cancer (IARC) are undertaking reviews to assess whether working at night...more

Dorsey & Whitney LLP

Monsanto's Roundup Case: What's at Stake from a Legal and Policy Perspective

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The $289 million judgment from a California jury against Monsanto earlier this week relating to its Roundup product is significant both from a legal and a policy standpoint. From a legal perspective, the simple fact that...more

Downey Brand LLP

U.S. District Court Denies California Attorney General’s Request to Reconsider Holding that Proposition 65 Warnings for Glyphosate...

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On June 12, 2018, the United States District Court for the Eastern District of California denied the California Attorney General’s request for the court to reconsider its decision in February that California cannot require...more

Downey Brand LLP

The Latest in the Prop. 65 World: Processed Meat; Lead and Cadmium in Chocolate; and Glyphosate in Herbicides

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February was a busy month in the Proposition 65 world with two developments that may impact businesses that manufacture or sell processed meat or chocolate products. In addition, the United States District Court for the...more

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

NESHAP/Clean Air Act: U.S. Environmental Protection Agency Final Rule Addressing Publicly Owned Treatment Works/Residual Risk and...

The United States Environmental Protection Agency (“EPA”) issued a final rule addressing the Clean Air Act National Emission Standards for Hazardous Air Pollutants (“NESHAP”) for Publicly Owned Treatment Works (“POTW”). ...more

BCLP

Landmark Overhaul of the Toxic Substances Control Act

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EPA Issues First Year Implementation Plan - On June 22, 2016, the Frank R. Lautenberg Chemical Safety for the 21st Century Act was signed into law. This law amends the Toxic Substance Control Act (TSCA) and is the first...more

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