Toxic Tort
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Failure to Designate PFAS as Hazardous Substance May Doom Medical Monitoring Lawsuit
The fact that neither perfluorooctanoic acid (PFOA) nor perfluorooctane sulfonic acid (PFOS) is classified as a hazardous substance may prove fatal to plaintiffs’ efforts to convince a federal court judge to allow a novel citizen suit to proceed in the U.S. District Court for the Eastern District of Pennsylvania. In the case of Kristen Giovanni,… Continue reading
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New York Bans PFAS Chemicals in Firefighting Foam as Industry Fights for Exemptions
On December 23, 2019, New York Governor Andrew M. Cuomo gave conditional approval to a state ban on firefighting foams containing per- and polyfluoroalkyl substances (known as “PFAS”). PFAS, commonly referred to as “forever chemicals” due to their ongoing persistence in the environment, are a family of man-made chemicals commonly found in a variety of… Continue reading
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Exploring the E-Suite with Elizabeth Anderson, Ph.D., Fellow ATS, Chief Science Officer and Senior Fellow, Exponent, Inc.; formerly, Carcinogen Assessment Group and Office of Health and Environmental Assessment, U.S. EPA
I led the health sciences assessment work for the first 14 years after U.S. EPA was formed in December 1970. At the time, U.S. EPA was a very small agency. I was the only health scientist in an eight-person Office of Technical Analysis, reporting directly to U.S. EPA’s first Administrator, Bill Ruckelshaus. Continue reading
and Rodenticide Act, Bill Ruckelshaus, Carcinogen Assessment Group, Carcinogen Assessment Group and Office of Health and Environmental Assessment, Chief Science Officer, Clean Air Act, Clement Associates, Distortion of scientific foundations and fact to achieve economic or political gain is deplorable and should be rejected, Dr. Roy Albert, Earth Day, Elizabeth Anderson, Exponent, Federal Insecticide, Federal Water Pollution Control Act, Fungicide, Health risk assessment, honest science, Inc., mechanism of action, National Academy of Sciences, prove safety, public health protection, Radiation Authorities, RCRA, science as applied to public health protection, Sciences International, Synthetic Organic Chemistry, The Red Book, toxic tort litigation, U.S. EPA, U.S. EPA Alumni Association, zero-risk tolerance carcinogen -
Jenner & Block’s Insurance Coverage for Environmental Claims Webinar
On Tuesday, April 16th, from 12:00 – 1:00 pm CST, Jenner & Block is hosting an interactive webinar that will discuss how environmental claims can arise in many different contexts and how high costs can be avoided. Continue reading
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New Jersey Puts PFAS Manufacturers in the Cross-Hairs
New Jersey continues to adopt an aggressive posture with respect to per- and polyfluoralkyl (PFAS) contamination. On March 25, 2019, the New Jersey Department of Environmental Protection (NJDEP) issued a “Statewide PFAS Directive Information Request and Notice to Insurers” to five major chemical companies notifying those companies that NJDEP believed them to be responsible for… Continue reading
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Trends in Climate Change Litigation: Part 1
By Matthew G. Lawson The term “climate change litigation” has become a shorthand for a wide range of different legal proceedings associated with addressing the environmental impacts of climate change. Plaintiffs in climate change lawsuits may include individuals, non-governmental organizations, private companies, state or local level governments, and even company shareholders who, through various legal… Continue reading
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New OSHA Enforcement Policy Under General Duty Clause for Worksite Exposure to Air Contaminants
OSHA’s Directorate of Enforcement Programs recently issued an enforcement memorandum to all OSHA Regional Administrators providing a new “Enforcement Policy for Respiratory Hazards Not Covered by OSHA Permissible Exposure Limits” (“Enforcement Policy”). OSHA’s 2003 policy on the same topic is now superseded and archived. Continue reading
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CRA Survives Constitutional Challenge—Are More Rules and Guidance at Risk of Disapproval?
A recent decision by the U.S. District Court for the District of Alaska rejected efforts by the Center for Biological Diversity (the “Center”) to challenge the constitutionality of the Congressional Review Act (CRA). The CRA, which was originally enacted in 1996, allows for Congressional disapproval of rules promulgated by administrative agencies under limited circumstances. Historically,… Continue reading
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2017: The Corporate Environmental Lawyer Year in Review
As 2017 draws to an end, we wanted to thank everyone that follows our Corporate Environmental Lawyer blog. 2017 has been an interesting year and we have enjoyed providing information on critical environmental, health and safety issues for the regulated community. As part of the year in review, we thought it might be interesting to… Continue reading
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Jenner & Block Webinar – What’s Over the Horizon: Emerging Contaminants of Concern
On Tuesday, November 14, 2017, from 12:30 – 1:30 PM CST. Jenner & Block Partner Steve Siros and Jaana Pietari, PH.D., P.E., Exponent, will present a free webinar titled “What’s Over the Horizon: Emerging Contaminants of Concern.” Continue reading