Your Guide to Emerging Issues in Environmental Regulation and Litigation.
Over the last few years, the Environmental Law Monitor has monitored regulatory and litigation matters on dicamba herbicide used by farmers to combat broadleaf weeds that have developed resistance to other herbicides (see prior posts here.) In June 2020, the U.S. Court of Appeals for the Ninth Circuit ordered a ban on certain dicamba products, which … Continued
The Ninth Circuit Court of Appeals has heard from the parties in a suit challenging the U.S. Environmental Protection Agency’s decision to allow more widespread applications of dicamba. In 2016, the EPA approved dicamba for a conditional two-year registration. The agency allowed the more widespread use of dicamba, previously considered a volatile herbicide, as long … Continued
While the recent focus on electronic cigarettes and vaping products has been on their potential health effects on users, the Illinois EPA is looking at a potential new issue – the improper disposal of their waste products. A team at the Illinois EPA is developing methods to prevent toxic materials in discarded e-cigarettes and vaping … Continued
Five states and the City of New York filed suit last week against the United States Environmental Protection Agency (EPA) in the Southern District of New York alleging the agency failed to protect the states from ozone pollution traveling downwind, in violation of the Clean Air Act (CAA). The coalition of states, New Jersey, New York, Connecticut, Delaware, … Continued
A southeast Missouri jury has awarded a peach farm $265 million in damages after a three-week trial in federal court. The lawsuit, filed by Bader Farms, alleged Monsanto and BASF are to blame for extensive damage to its peach farm because their dicamba-based herbicides drifted onto its orchards from neighboring fields. Bader Farms’ attorney argued … Continued
Earlier this year, the New Jersey Department of Environmental Protection (NJDEP) approved a permit for construction of the state’s first ever liquefied natural gas (LNG) export terminal at the site of a former chemical plant along the Delaware River in southern New Jersey. Environmental groups have now challenged the issuance of that permit, bringing additional public … Continued
If you’ve been following PFAS-related news you’ll know that Michigan has been one of the hardest hit states when it comes to this emerging contaminant. The state is one of a handful in the nation to take the lead in attempting to set some of the nation’s toughest drinking water limits for per- and polyfluoroalkyl substances … Continued
The Environmental Working Group (EWG) – a consumer products testing and environmental advocacy organization – recently commissioned a new round of laboratory tests that it claims detected traces of glyphosate in various popular cereals and snack food. Glyphosate purportedly was in these foods because it is used in herbicides applied to various source crops, such … Continued
The massive verdicts against the manufacturer of Roundup in favor of plaintiffs claiming that use of Monsanto’s Roundup herbicide caused their Non-Hodgkin lymphoma have rightly garnered significant attention. On the heels of verdicts of $289 million, later reduced to $78 million, and $80 million came the May 13, 2019 verdict of $2.055 billion in a … Continued
There have been several notable updates regarding glyphosate. First, and notwithstanding the US EPA’s long maintained position that glyphosate is not likely to be carcinogenic to humans, earlier this month, another US agency, the U.S. Department of Health and Human Services’ Agency for Toxic Substances and Disease Registry (ATSDR), issued a draft report on the … Continued