In November 2021, the Department of Interior (“DOI”) approved the construction and operation of the 132-megawatt South Fork Wind Project, developed by Orsted and Eversource, off of the coast of Long Island. The Army Corps of Engineers issued a dredging permit for the project in January 2022. Two East Hampton, New York couples accused the…
Two couples in East Hampton, New York filed suit against the U.S. Department of the Interior and other federal agencies, alleging violations of the National Environmental Policy Act, Administrative Procedures Act, and other environmental laws, by allegedly failing to adequately review the effects of an offshore commercial windfarm project, which required onshore trenching, on PFAS-contaminated…
A five-judge panel in New York state appellate court affirmed a lower court’s ruling that two pollution exclusions apply in Tonoga Inc.’s general liability insurance policies with New Hamshire and Granite State Insurance Cos. From 1961 until 2013, Tonoga manufactured materials coated with nonstick, heat-resistant synthetic polymer polytetrafluoroethylene. Its manufacturing process created byproducts of PFOA…
The Southern District of New York dismissed without prejudice a lawsuit filed by water management company Suez Water New York Inc. against E.I. du Pont Nemours & Company and its spinoffs for allegedly contaminating the state’s waterways and groundwater through the manufacture and disposal of perfluoroalkyl and polyfluoroalkyl substances. The court determined that Suez Water’s…
A New York federal court rejected DuPont’s attempt to stop the preliminary approval of the settlement deal reached between a proposed class of residents alleging PFOA contamination and Saint-Gobain, 3M, and Honeywell. DuPont expressed concerns that the settlement hinders its ability to get a fair outcome as it continues in litigation, including the settlement agreement’s…