Your Guide to Emerging Issues in Environmental Regulation and Litigation.
On July 3, 2018, a state court in New York certified a class action lawsuit that involves residents of Petersburgh, New York who claim exposure to varying levels of the chemical, perfluorooctanoic acid (PFOA). PFOA is in the class of chemicals known as per-and polyfluoroalkyl substances and was used to make heat, water, and stain resistant household and commercial products. …
Lawsuits involving water contamination have been trending over the past couple years throughout the United States. We’ve seen a shift in the plaintiff’s bar’s focus from pursuing point sources to utilizing traditional product liability theories to support allegations of contamination against manufacturer defendants when the opportunity presents itself. The blue print’s simple – pursue deep …
On February 20, 2018, a federal court in New York expanded the universe of plaintiffs who can sue for PFOA contamination in that state. The court ruled that plaintiffs could seek purely economic damages in negligence claims based on PFOA contamination, so long as the plaintiff’s business is located within the “zone of contamination.” As …
Last week, Ohio Attorney General Mike DeWine filed suit against E.I. du Pont de Nemours and Co. (DuPont) and its spinoff The Chemours Company (Chemours) for the release of Perfluorooctanoic Acid (PFOA), also known as C8, into the Ohio River. The current suit alleges that between 1951 and 2013 DuPont released toxic chemicals from its …
The City of Newburgh, New York has had enough. After the city’s water supply was shut down following contamination by perfluorooctane sulfonate, a toxic chemical known as PFOS, residents have authorized its city council to commence a lawsuit against the alleged contaminator, a nearby Air National Guard Base. PFOS, and the related chemical PFOA (both …
In November, we reported on New Jersey’s adoption of the lowest Maximum Contaminant Limits (14 parts per trillion) for PFOAs (perfluorooctanoic acid) in the nation. And a few weeks ago, we reported on the New Jersey scientists that are urging the state to impose a strict limit of 13 ppt for perfluorooctane sulfonate (PFOS) as …
A few weeks ago, we reported on New Jersey’s adoption of the lowest Maximum Contaminant Limits (14 parts per trillion) for PFOAs (perfluorooctanoic acid) in the nation. And now we come to you with the latest development in the realm of perfluoroalkyl and polyfluoroalkyl substances (PFASs). This past week, New Jersey scientists urged the state …
A couple of random things you might not know about Jersey. We’ve got great tomatoes, corn, and peaches, and some of the strictest environmental regulations in the country. By way of example, the NJ DEP now leads the nation in setting the lowest Maximum Contaminant Limits (MCL) of 14 parts per trillion (ppt) for PFOAs …
Perfluorooctanoic Acid (PFOA), also known as C-8, is a synthetic man-made chemical that is both toxic and persistent in the environment. It has been used in the manufacture of commercial products like non-stick cookware, stain-resistant clothing and carpets, food wrappers, dental floss, electrical insulation, fabrics, firefighting foam, as well as many industrial products. PFOA has …
A recent study by the University of Cincinnati found high levels of perfluorooctanoic acid (PFOAs) in residents from the Mid-Ohio River Valley over a 22-year period. The study’s findings are largely consistent with increased detection of PFOAs in water sources nationwide in recent years. Perfluorooctanoic acid (PFOA), also known as C8, persists indefinitely in the …