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…
Partner Jeffrey Dintzer discusses the EPA’s latest changes to PFAS reporting to the Toxic Release Inventory, noting potential economic issues from the new regulations. December 7, 2022 | Bloomberg Law
The Third Circuit denied the EPA’s motion to dismiss the Chemours Company FC, LLC’s (“Chemours”) petition to review the EPA’s health advisories for PFAS chemicals – rejecting the EPA’s argument that the advisories are simply informational tools rather than final agency rules. In its initial petition, Chemours asserted that the health advisories relied on faulty…