Litigation risks associated with per and polyfluoroalkyl substances (PFAS) continue to grow, as demonstrated by settlements over the last year in the set of claims being adjudicated in a multidistrict litigation (MDL-2873) in the U.S. District Court for the District of South Carolina (“MDL”) and other recent lawsuits. AFFF Settlements…
The ongoing multidistrict litigation (MDL) concerning PFAS-containing firefighter foams continues to be an actively litigated matter as well as an area of public concern. PFAS, or per- and polyfluoroalkyl substances, have garnered significant attention due to their ubiquitous nature and potential health risks. Firefighter foams have been alleged to contaminate…
The Toxic Substances Control Act (TSCA) has been regulating new and existing chemicals for almost 50 years. Under the TSCA, the EPA was given broad authority to track the thousands of existing commercial chemicals and regulate any new chemicals before they enter the market. The TSCA requires manufacturers that intend…
Given the ubiquity of per- and polyfluoroalkyl substances (PFAS), new and different aspects of liability continue to trend. While many of the lawsuits involve allegations of environmental contamination or personal injury resulting from the impairment of public water systems, the landscape has expanded to other areas. For example, more recently…
Three notable settlements from June 2023 highlight the immense scale of liability for primary manufacturers of per- and polyfluoroalkyl substances (PFAS). June 2, 2023: DuPont de Nemours Inc. (Dupont) and Dupont spinoff companies, Chemours Company and Corteva Inc., announced that they reached an agreement in principle, totaling $1.185 billion, to…
In the last eight months, the attorneys general of North Carolina, California, Wisconsin and Illinois have sued various primary manufacturers of per- and polyfluoroalkyl substances (PFAS), as well as over a dozen secondary manufacturers of PFAS-containing products. Each lawsuit alleges that the manufacture and distribution of PFAS and PFAS-containing products…
The term “phthalate” denotes a class of chemicals that have been used since the 1920s to improve the flexibility and durability of plastic. Accordingly, phthalates can be found in hundreds, if not thousands, of everyday products, ranging from food packaging to toys, medical devices, construction materials, textiles, cosmetics, soaps, and…
The Implications on EPCRA Reporting The National Defense Authorization Act for Fiscal Year 2020 (NDAA) required that the U.S. Environmental Protection Agency (EPA) add certain poly- and perfluoroalkyl substances (PFAS) to the Toxics Release Inventory (TRI). EPA’s final rule adding these PFAS to the TRI toxic chemicals list took effect…