Nearly two dozen states and territories (the "Sovereigns")—along with a number of municipalities, water districts, the California State Water Board, and the California Department of Corrections and Rehabilitation...
Maron Marvel Bradley Anderson & Tardy
Delaware Attorney General Kathleen Jennings filed a lawsuit in late October against 14 defendant chemical companies for manufacturing and sale of fire-fighting foams that contained PFAS ...
Shipman & Goodwin LLP
The federal Occupational Safety and Health Administration establishes and enforces standards to protect workers from workplace fatalities, injuries, and illnesses.
Frankfurt Kurnit Klein & Selz
Two recent cases explore trash talk, more formally known in the ad law world as "denigration." When it's okay and when it falsely disparages a competitor is a common issue at NAD and it's important...
Squire Patton Boggs LLP
On November 9, 2023, the FDA published notice of final guidance that delays FDA's enforcement of some facilities' registration and product listing compliance requirements under MOCRA to July 1, 2024.
Taft Stettinius & Hollister
On November 17, the EPA paused its prior approval of up to 100 shipments of wastes containing per- and polyfluoroalkyl substances (PFAS) from the Chemours Netherlands B.V. facility...
Arnold & Porter
This quarterly newsletter provides essential updates on litigation, regulatory, legislative, and other notable developments involving chemicals of concern to business.
Sive, Paget & Riesel
On October 31, 2023, the U.S. Environmental Protection Agency (EPA) published a proposed rule to ban all manufacturing and use of trichloroethylene (TCE) under Section 6(a)...
On November 7, 2023, the US Court of Appeals for the Ninth Circuit held that California's Prop 65 warning for glyphosate—the active ingredient in the herbicide Roundup®—violates the First Amendment.
Foley & Lardner
On October 31, 2023, the EPA published a proposed rule in the Federal Register pursuant to its authority under the Toxic Substances Control Act (TSCA) that would effectively ban trichloroethylene...
Schwartz, Conroy & Hack
An all-risk commercial property insurance policy does not, in fact, cover all risks. Every property insurance policy has exclusions, and one of the most common – and most often disputed – is the water damage exclusion.
Since EPA published its PFAS road map just a little more than two years ago, I've often commended EPA for its ambitious plan to regulate the forever and everywhere chemicals known collectively as PFAS.
Kelley Drye & Warren LLP
In a momentous decision, a federal court of appeals has held that the First Amendment prohibits California from requiring businesses to provide a warning under Proposition...
Steptoe & Johnson
California is once again stepping out ahead of the Food and Drug Administration and all other states with the California Food Safety Act, banning four chemicals in food— brominated vegetable oil, potassium bromate...
Kelley Drye & Warren LLP
Whether Nero actually fiddled while Rome burned is historically questionable, though it was undoubtedly true that the mad emperor focused on the trivial during a time of emergency.
In October 2023, the United States Environmental Protection Agency (EPA) finalized two separate but analogous rulemakings – one under the Toxic Substances Control Act (TSCA)...
Deadlines are upcoming related to the multi-district per- and polyfluoroalkyl substances (PFAS) litigation.
Greenberg Glusker Fields Claman & Machtinger
On October 27, 2023, the Office of Environmental Health Hazard Assessment (OEHHA), the lead California regulatory agency tasked with implementing California's Proposition 65...
Foley Hoag LLP
Late last month, in Munoz v. Intercontinental Terminals Company, the 5th Circuit Court of Appeals held that the liability provisions of CERCLA and the Oil Pollution Act do not overlap and that...
Yesterday, I spoke with Sarah Mattalian, an Inside EPA reporter writing a story about the suggestion by an EPA official that EPA might require additional PFAS investigations.