News & Analysis as of

Toxic Exposure

WARNING: Prop 65 Has Changed – If Your Product Is Sold In California Or You Do Business In California, Pay Attention

What is Prop 65? - Prop 65 is a California law that requires California consumers receive warnings regarding the presence of chemicals that cause cancer or reproductive toxicity. The law is highly technical, constantly...more

U.S. Fifth Circuit Issues CAFA Opinion in Mass Action Addressing Two Issues of First Impression

by Liskow & Lewis on

In Warren Lester, et al. v. Exxon Mobil Corp., et al., No. 14-31383, ___ F.3d ___ (5th Cir. 1/9/2018), the U.S. Fifth Circuit Court of Appeals issued an opinion addressing two issues of first impression involving the Class...more

Prop 65: 9 chemicals added to California’s list for required warnings

by Thompson Coburn LLP on

During 2017, the California Office of Environmental Health Hazard Assessment (OEHHA) added nine compounds to its list of chemicals that product manufacturers are required by law to disclose to consumers. The disclosure...more

A Federal Court Gets Opportunity to Weigh In on Prop 65 With a Little Help from Some Friends

Much of the recent discussion regarding Prop 65 has been focused on the regulatory changes going into effect in August of 2018. And that makes sense since there will be significant changes to the warnings, responsibility, and...more

PA Superior Court Answers Question of Whether Fair Share Act Applies to Strict Liability Asbestos Claims

by Steptoe & Johnson PLLC on

On December 28, 2017, the Pennsylvania Superior Court published an anticipated ruling on whether the Pennsylvania Fair Share Act, 42 Pa. C.S. 7102, applies to strict liability claims in the context of an alleged...more

EPA Does Have a Duty to Update Its Lead Paint Standards: Cass Sunstein Agrees With Me

As a follow-up to my post last week about the 9th Circuit decision requiring EPA to propose new lead paint standards under TSCA within 90 days, I was encouraged to see Cass Sunstein support the decision in a BloombergView...more

Prop 65 Victory For Defendants – Defendants Are Entitled To Have Their Cases Heard In the County Where the Claim Arose

Prop 65 Plaintiffs routinely file most Prop 65 cases in Alameda County, presumably because they believe it is a plaintiff-friendly forum. However, the California Court of Appeal recently issued a victory for Prop 65...more

Third Circuit Latest to Hollow Out Bright Line Bare Metal Defense

by Miles & Stockbridge P.C. on

On October 3, 2017, the United States Court of Appeals for the Third Circuit held—in a case of first impression—that a manufacturer of a “bare metal” product may be liable for a plaintiff’s injuries caused by later added...more

D.C. Circuit Upholds OSHA Silica Rule

by King & Spalding on

The U.S. Occupational Safety and Health Administration (OSHA) recently promulgated a new rule for respirable crystalline silica, with compliance obligations for the general industry beginning on June 23, 2018. Some industries...more

OSHA Publishes Crystalline Silica Standards Rule Fact Sheets for Construction

by Seyfarth Shaw LLP on

Seyfarth Synopsis: OSHA has just released several fact sheets applicable to industries regulated under the Crystalline Silica Standards in Construction Rule....more

Environmental Justice Element Now Required for California’s General Plans

As of January 1, 2018, California’s cities, counties, and charter cities are required to either adopt an Environmental Justice Element in their General Plan or integrate Environmental Justice policies and goals into the...more

SEQRA Remains a Hot Topic for the NY Court of Appeals in Friends of P.S.163 v Jewish Home Lifecare and New York State Dept of...

by Farrell Fritz, P.C. on

On December 12, 2017, the New York State Court of Appeals issued a joint decision on the appeal of two Article 78 proceedings challenging the same proposed development....more

Lead Based Paint Enforcement: U.S. Environmental Protection Agency and Missouri Company Enter into Consent Agreement

The United States Environmental Protection Agency (“EPA”) and R S Dearing Construction (“RSDC”) entered into a December 6th Consent Agreement and Final Order (“CAFO”) addressing alleged violations of the Toxic Substance...more

Food & Beverage Litigation Update | December 2017 #3

by Shook, Hardy & Bacon L.L.P. on

Proposition 65 - After California voters approved the Safe Drinking Water and Toxic Enforcement Act of 1986 (Prop. 65), the state’s Office of Environmental Health Hazard Assessment (OEHHA) began publishing a list of...more

Breaking: D.C. Circuit Upholds Silica Standard

by Sherman & Howard L.L.C. on

Last week the United States Court of Appeals for the D.C. Circuit issued a long-awaited opinion in a case involving numerous challenges to OSHA’s silica in construction standard. ...more

D.C. Circuit Rejects All Industry Challenges to OSHA’s New Silica Standards

On Friday, December 22, 2017, the U.S. Court of Appeals for the District of Columbia Circuit rejected all of American industry’s many challenges to the Occupational Safety and Health Administration’s (OSHA) new silica dust...more

Circuit Court Finds OSHA Failed to Adequately Explain the Crystalline Silica Standards Rule

by Seyfarth Shaw LLP on

Seyfarth Synopsis: In a win for labor, the DC Circuit Court of Appeals orders the remand of the Crystalline Silica Standard for Construction and General Industry (Silica Rule) for OSHA to explain its decision to omit medical...more

Mercury/OSHA Enforcement: Citations Issued to Plainville, Connecticut Contractor for Alleged Violations Related to Facility...

The Occupational Safety and Health Administration (“OSHA”) issued citations to a Plainville, Connecticut construction contractor for alleged violations related to the demolition of a mercury boiler. Manafort Brothers, Inc....more

New York Court Rejects Insurer’s Defenses to Coverage for Asbestos Claims Arising Out of the Construction of the Original World...

by K&L Gates LLP on

On November 29, 2017, the New York Supreme Court issued an important ruling benefiting policyholders seeking insurance coverage for toxic tort claims. In American Home Assurance Company v. Port Authority of New York & New...more

New Amendments to Proposition 65 Provide Clarity and Guidance to Clear and Reasonable Warning Requirements

by Reed Smith on

The California Office of Environmental Health Hazard Assessment (“OEHHA”) announced the approval of new amendments to regulations implementing the Safe Drinking Water and Toxic Enforcement Act of 1986, more commonly known as...more

Proposition 65: OEHHA Amends Proposition 65 Regulations for Clear and Reasonable Warnings

by Bergeson & Campbell, P.C. on

On December 6 2017, the California Office of Environmental Health Hazard Assessment (OEHHA) issued a notice alerting stakeholders that amendments were approved related to its August 28, 2016, adopted revisions to its...more

Ammonia/OSHA Enforcement: Penalties Proposed for Alleged Florida Electric Utility Violations

The Occupational Safety and Health Administration (“OSHA”) issued a November 17th news release stating it cited Tampa Electric Co. (“Tampa Electric”) for alleged violations at its Gibsonton, Florida facility related to a...more

The Tragic Consequences of Lead Exposure

by Howard Ankin on

Lead exposure has toxic effects on many parts of the body and contributes to serious health problems. Prolonged exposure often leads to permanent injuries, disabilities, and even death....more

Bay Area Air Quality Management District Sets Stringent New Standards for Toxic Air Emissions at Bay Area Facilities

by Downey Brand LLP on

On November 15, 2017, the Bay Area Air Quality Management District (“BAAQMD”) adopted sweeping new standards to reduce toxic air contaminant (“TAC”) emissions from existing stationary sources. The new rule, Regulation 11 Rule...more

Labor Secretary Discusses DOL Priorities During House Committee Hearing

by Littler on

Labor Secretary Alexander Acosta fielded a range of questions on the DOL's priorities during a November 15 hearing before the House Committee on Education and the Workforce. Although members of the Committee inquired about...more

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