News & Analysis as of

PFAS Settlement

Miles Mediation & Arbitration

Mass Tort Cases: Challenges for Plaintiff’s and Defense Counsel

Mass tort cases present unique challenges for both plaintiff’s and defense counsel. Unlike a class-action case, where a representative plaintiff stands in for the other members of the class, each plaintiff in a mass tort case...more

McGlinchey Stafford

Defending Manufacturers Against PFAS Claims: Legal Strategies and Challenges

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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

Allen Matkins

California Environmental Law & Policy Update 12.6.24

Allen Matkins on

The U.S. Environmental Protection Agency (EPA) on Wednesday issued a new regulation preventing per- and polyfluoroalkyl substances, commonly known as PFAS, from being approved through low volume exemptions — abridged reviews...more

Holland & Knight LLP

PFAS Designation Rule Will Impact Operational Compliance, Enforcement, Litigation and Policy

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Although the U.S. Environmental Protection Agency (EPA) proposed the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), also known as the federal Superfund law (PFAS Designation Rule) in September...more

Jackson Walker

EPA Advances Major Regulations on Per- and Polyfluoroalkyl Substances (PFAS)

Jackson Walker on

This year, there have been a number of significant legal developments on the regulation of PFAS (per- and polyfluoroalkyl substances). Expect more as the year unfolds. New studies that show the presence of PFAS in common...more

Maron Marvel

PFAS Enforcement Discretion and Settlement Policy Under CERCLA

Maron Marvel on

On April 17, 2024, the EPA signed a final rule to designate PFOA and PFOS as hazardous substances under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), also known as Superfund. The...more

Harris Beach Murtha PLLC

AFFF MDL Bellwether Process Extended to Claims for Thyroid and Liver Cancer Caused by PFAS

The court in the aqueous film-forming foams (“AFFF”) multidistrict litigation recently established a bellwether process to address personal injury claims alleging that polyfluoroalkyl substances (PFAS) in AFFF caused thyroid...more

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

PFAS/CERCLA: U.S. Environmental Protection Agency Enforcement Discretion and Settlement Policy

Simultaneously with the prepublication of a final rule designating two of the Per- and Polyfluoroalkyl substances (“PFAS”) as Comprehensive Environmental Response, Compensation and Liability Act (“CERCLA”) hazardous...more

Allen Matkins

California Environmental Law & Policy Update 4.05.24

Allen Matkins on

The U.S. Securities and Exchange Commission (SEC) has stayed new climate-related disclosure requirements pending judicial review, the agency said on Thursday, after criticism from across the political spectrum. The SEC’s...more

MG+M The Law Firm

Judge Richard Gergel Approves $12.5B PFAS Settlement for 12,000 Public Water Systems

MG+M The Law Firm on

Judge Richard Gergel of the United States District Court for the District of South Carolina, the judge who is overseeing multi-district litigation concerning aqueous film-forming foam (AFFF), yesterday gave final approval to...more

Nilan Johnson Lewis PA

The “Business Case” to Mitigating PFAS Risk in 2024 – Part 2 of 10

Nilan Johnson Lewis PA on

PART 2. THE “BUSINESS CASE” TO MITIGATING PFAS RISK IN 2024 - PFAS have been described as the “new asbestos,” in terms of the scope of regulatory burden and litigation risk facing manufacturers whose products contain PFAS....more

K&L Gates LLP

Litigation Minute: 2023 Year in Review and 2024 Look Ahead

K&L Gates LLP on

What You Need To Know In A Minute Or Less - In 2023, we published 16 editions of our Litigation Minute newsletter, featuring emerging topics posing increasing and significant risks to companies. In a minute or less, here are...more

Troutman Pepper Locke

Ohio AG and DuPont Reach $110M Settlement Over Chemical Contamination

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On November 29, Ohio Attorney General (AG) Dave Yost and Governor Mark DeWine announced a proposed $110 million settlement with Du Pont De Nemours and Co. and The Chemours Company over alleged chemical contamination from...more

Mintz

Sunshine may be among the best disinfectants but these PFAS defendants are fighting to keep their settlement with Rome, Georgia...

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Supreme Court Justice Louis Brandeis famously exclaimed sunlight is said to be the best of disinfectants. Of course the Atlanta Journal-Constitution and the Rome News-Tribune endorse that proposition. And, the newspapers...more

Hinshaw & Culbertson - Insights for Insurers

Insurers Face Large PFAS-Related Losses: A Primer on Forever Chemical Regulation, Liabilities, and Insurance Coverage Issues

Per and polyfluoroalkyl substances (PFAS) represent major exposures to insurers and their policyholders. Thousands of lawsuits are pending nationwide and several large settlements have already been reached. Insurers are...more

Mintz

PFAS Rulings in South Carolina & Michigan shine a light on the fact we have no idea what removing PFAS from our environment is...

Mintz on

This week Judge Gergel tentatively approved the $1.2 billion settlement between DuPont (and related companies) and water suppliers now dealing with the fact that EPA and many States have concluded that the most minute...more

Troutman Pepper Locke

Coalition of 22 State AGs Oppose 3M’s $12.5 Billion PFAS Settlement

Troutman Pepper Locke on

A bipartisan coalition of attorneys general (AGs) from 22 states is urging the federal district court in South Carolina to reject a proposed $12.5 billion settlement between 3M and a group of public water utilities, who are...more

Verrill

Summer Blockbuster: The PFAS Settlement

Verrill on

As the movie studios begin to roll out their megahits for the summer, the big news last week in environmental law was the blockbuster $12 billion settlement in the multi-district litigation pending in the U.S. District Court...more

Mintz

If a thorn of experience is worth a wilderness of warning then what happened this week in NJ is a whopper of a PFAS thorn

Mintz on

James Russell Lowell wrote that one thorn of experience is worth a whole wilderness of warning. This week's nearly 400 million dollar settlement between a New Jersey plastic manufacturer and the State of New Jersey over the...more

Clark Hill PLC

Ringing the Bell(wether): Multibillion Dollar Settlement Reported in PFAS Litigation

Clark Hill PLC on

The first bellwether trial in the massive Aqueous Film-Forming Foams (AFFF/PFAS) multi-district products liability litigation MDL-2873 (MDL) was delayed pending finalizing a reported $10 billion financial settlement by the...more

MG+M The Law Firm

Court Continues AFFF MDL Bellwether Trial to Provide Time to Reach Settlement

MG+M The Law Firm on

This morning, Judge Richard Gergel of the US District Court for the District of South Carolina—the judge presiding over multidistrict litigation (MDL) concerning Aqueous Film Forming Foam (AFFF)—continued the City of Stuart...more

King & Spalding

Various Types Of Consumer Goods Targeted With Lawsuits

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2022 saw many consumer class actions filed based on PFAS. It felt as if no category of consumer good was spared. Here are some examples: Food and Food Packaging. Two class action complaints were filed against McDonalds...more

King & Spalding

Environmental Justice

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The proposed EPA rule designating PFOA and PFOS as hazardous substances under CERCLA has significant implications for Potentially Responsible Parties (PRPs) at both current and closed Superfund sites, as well as for companies...more

White and Williams LLP

MDL for Claims Against Manufacturers and Distributors of PFAS-Containing AFFFs Focuses Attention on Key Issues

Claims against manufacturers and distributors of per- and polyfluoroalkyl substances (PFAS)-containing aqueous film-forming foam (AFFF) are hurtling forward. Two important developments in this opening salvo of PFAS-related...more

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