On March 14, the U.S. Environmental Protection Agency issued a proposed rule and a direct final rule amending the all appropriate inquiries, or AAI, rule to reference the new American Society for Testing and Materials International standard E1527-21, concerning standard practice for Phase I environmental site assessments. April 29, 2022 | Law360 | Authors: Jeffrey Dintzer, Greg…
Alston & Bird’s Jeffrey Dintzer and Gregory Berlin look at EPA’s recent Toxics Release Inventory (TRI) report and note that EPA is apparently suspicious of what it has characterized as a “seemingly limited scope of PFAS reporting.” EPA plans to remove the de minimis exemption for PFAS, which is not a surprise given its increased…
In February 2021, Earl Parris, Jr. filed a class action complaint, and later an amended complaint, in the Northern District of Georgia against Daikin America (“Daikin”), Inc., and other defendants, alleging discharges of PFAS-contaminated sludge and biosolids into the Raccoon Creek watershed. The court denied of Daikin’s Motion to Dismiss and request to certify questions…
Azman Hussain filed a putative class action suit against Burger King Corporation, which alleged that he and other members were injured by Burger King’s alleged misrepresentations and omissions regarding the presence of PFAS in its food packaging. Burger King, in a motion to dismiss, argued that its use of PFAS in its food packaging was…
Rebecca Vega filed a class action suit against L’Oreal claiming that the cosmetics company sold its waterproof mascara products to Vega and other consumers without disclosing that its products and packaging contain PFAS. However, Vega voluntarily dismissed the suit against L’Oreal without prejudice. April 8, 2022 (complaint filed); June 9, 2022 (plaintiff voluntarily dismissed lawsuit)…