Legal analysts forecast that PFAS-related lawsuits will continue to rise in 2023. The analysts assert that the EPA’s efforts to list PFOA and PFOS as hazardous substances under CERCLA, which will require facilities to report releases of PFAS and authorize the EPA to enforce cleanup efforts, and growing public awareness about PFAS and its health…
E. I. du Pont de Nemours (“DuPont”), the Chemours Company and the Chemours Company FC, LLC (together “Chemours”), the defendants in a multidistrict litigation case involving PFAS in aqueous film-forming foam, move a federal district court to reconsider its previous order to compel, which requires production of thousands of documents, or allow for an interlocutory…
E. I. du Pont de Nemours (“DuPont”) petitions the Sixth Circuit to sit en banc and reconsider a three-judge panel’s ruling upholding a decision that granted the plaintiffs damages on their PFAS-related negligence claims and barred DuPont from relitigating several issues decided in previous litigation. Since the three-judge panel did not limit preclusion to only…
The U.S. District Court for the District of Columbia stayed litigation challenging de minimis exemptions for PFAS Toxic Release Inventory (TRI) reporting. The plaintiff environmentalists’ suit alleges the EPA’s rule allowing the de minimis exemption to apply to PFAS violates the Emergency Planning and Community Right-to-Know Act, the federal law authorizing TRI, as well as…
The EPA automatically adds nine PFAS chemicals to the Toxics Release Inventory (“TRI”) list pursuant to the Fiscal Year 2020 National Defense Authorization Act (“NDAA”) and after finding some PFAS chemicals could no longer be claimed as confidential business information, and as a result, the persons/facilities required to annually report TRI data to the EPA…