News & Analysis as of

Hazardous Substances Environmental Litigation

Fox Rothschild LLP

State and Federal PFAS Litigation – 2019 to Q2 2025

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PFAS-related litigation continues to climb and to diversify as to claims and parties.  See the attached graphics, updated through the second quarter of 2025.  We will continue to update these graphics on a quarterly basis....more

Fox Rothschild LLP

Update: NJDEP v. DuPont/Chemours PFAS Trial/3M Settlement Comment Period Commenced and Runs through September 19, 2025

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DuPont/Chemours Trial. On June 30, 2025, the next bench trial phase or “mini-trial” commenced in NEW JERSEY DEPARTMENT OF ENVIROMENTAL PROTECTION, ET AL., VS. E.I. DU PONT DE NEMOURS AND COMPANY, ET AL., Docket No....more

Bergeson & Campbell, P.C.

Community and Environmental NGOs File Suit After EPA Denies TSCA Section 21 Petition Concerning Prohibition of Hydrogen Fluoride...

As reported in our May 14, 2025, blog item, on May 12, 2025, the U.S. Environmental Protection Agency (EPA) denied a petition filed under Section 21 of the Toxic Substances Control Act (TSCA) seeking to prohibit the use of...more

MG+M The Law Firm

New Study Suggests Human Gut Bacteria May Aid in PFAS Absorption

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A recent study published in Nature Microbiology by researchers at the University of Cambridge revealed that certain human gut bacteria may have the capacity to bioaccumulate per- and polyfluoroalkyl substances (PFAS) and...more

Farella Braun + Martel LLP

EPA Seeks a Fourth Abeyance to Reassess Its 2024 Designation of PFOA and PFOS as CERCLA Hazardous Substances

EPA has been granted a fourth abeyance of pending litigation related to the Biden administration’s designation of PFOA and PFOS as hazardous substances under CERCLA....more

Bergeson & Campbell, P.C.

EPA Withdraws Motion to Hold Asbestos Case in Abeyance, Will Explore Using Guidance to Clarify Workplace Protection Requirements 

As reported in our June 28, 2025, blog item, on June 16, 2025, the U.S. Environmental Protection Agency (EPA) filed a motion with the U.S. Court of Appeals for the Fifth Circuit requesting that litigation over its 2024 final...more

MG+M The Law Firm

PCBs and Precedent: What the Monsanto Settlement Means for Future Toxic Torts - (UPDATED)

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Monsanto has recently settled with families who claimed they were exposed to polychlorinated biphenyls (PCBs) at a school near Seattle, ending what had become one of the most closely watched toxic tort cases in recent memory....more

Mitchell, Williams, Selig, Gates & Woodyard,...

Recommendations for Superfund Cleanup Program Improvements: Association of State And Territorial Solid Waste Management Officials...

The Association of State And Territorial Solid Waste Management Officials (“ASTSWMO”) released a position paper titled: RECOMMENDATIONS FOR SUPERFUND CLEANUP PROGRAM IMPROVEMENTS (“Position Paper”)....more

MG+M The Law Firm

Wisconsin Supreme Court Ruling on PFAS Leaves Businesses Vulnerable and Overextends Agency Power

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In a contentious 5–2 decision, the Wisconsin Supreme Court has dealt an unprecedented blow to the state’s business and manufacturing sector by ruling that the Department of Natural Resources (DNR) can force cleanup of PFAS...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

EPA’s 2024 Asbestos Ban Paused as Fifth Circuit Grants Abeyance for Rule Reconsideration

The U.S. Environmental Protection Agency’s (EPA) 2024 ban on chrysotile asbestos, a landmark regulatory action under the Toxic Substances Control Act (TSCA), is now subject to significant delay following legal challenges and...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Underground Injection Control: U.S. EPA Environmental Appeals Board Petition for Review Filed Challenging Three Michigan Brine...

Flow Water Advocates (“FWA”) filed a pleading before the United States Environmental Protection Agency (“EPA”) Environmental Appeals Board styled: PETITION FOR REVIEW OF UNDERGROUND INJECTION CONTROL PERMITS ISSUED AND...more

Shook, Hardy & Bacon L.L.P.

Material Concerns: Legal Updates on Substances of Emerging Concern - June 2025

California microplastics case dismissed, MAHA Commission releases its report, federal PFAS priorities change, IARC classifies automotive gasoline, and more....more

Stinson LLP

Wisconsin Supreme Court Upholds State's Authority to Regulate PFAS Without Formal Rulemaking

Stinson LLP on

On June 24, 2025, the Wisconsin Supreme Court rejected a challenge to the authority of the Wisconsin Department of Natural Resources (WDNR) to compel the cleanup of perfluoroalkyl and polyfluoroalkyl (PFAS) substances under...more

Bergeson & Campbell, P.C.

EPA to Reconsider Asbestos Part 1 Risk Management Rule Following Legal Challenge

On June 16, 2025, the U.S. Environmental Protection Agency (EPA) filed a motion with the U.S. Court of Appeals for the Fifth Circuit requesting that litigation over its 2024 final rule regulating chrysotile asbestos under the...more

BCLP

IARC Classifies Automotive Gasoline as Carcinogenic to Humans

BCLP on

The International Agency for Research on Cancer (IARC)—a branch of the World Health Organization mandated to investigate potential causes of cancer—conducts its own hazard evaluations of suspected carcinogens and publishes...more

Ice Miller

[Webinar] Urgent Legal Update for Water Providers: AFFF, PFAS, and Your Options - July 9th, 10:00 am - 11:00 am EST

Ice Miller on

In today’s rapidly evolving regulatory and legal environment, drinking water providers are facing new and urgent challenges related to a class of emerging contaminants—PFAS, also known as “forever chemicals.” This webinar...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Effluent Guidelines/Clean Water Act: Federal Appellate Court Addresses Argument that United States Environmental Protection Agency...

The United States Court of Appeals for the Ninth Circuit (“Ninth Circuit”) addressed in a June 18th Opinion an issue involving the Clean Water Act Effluent Limit Guidelines (“ELGs”). See Waterkeeper Alliance, et al., v....more

A&O Shearman

Northern District Of Texas Dismisses Securities Fraud Class Action Against Telecommunications Company

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On June 16, 2025, Chief Judge David C. Godbey of the United States District Court for the Northern District of Texas dismissed a putative securities class action against a telecommunications company (the “Company”) and...more

Allen Matkins

California Environmental Law & Policy Update 6.13.25

Allen Matkins on

The U.S. Environmental Protection Agency (EPA) moved this Wednesday to erase limits on greenhouse gases from power plants and to weaken restrictions on other hazardous power plant emissions, including mercury, arsenic, and...more

Fox Rothschild LLP

Pause Continues in Litigation Over PFAS MCLs and Hazardous Substances Designation

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EPA has again obtained extensions of the stays in the litigation challenging the MCLs for six PFAS and the litigation challenging the hazardous substance designation for PFOS and PFOA. EPA requested the U.S. Court of...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Oil and Gas Waste/Hazardous Materials Regulations: Environmental Organizations Submit Request for Pipeline and Hazardous Materials...

EARTHJUSTICE on behalf of a number of other organizations submitted a June 4th document to three federal agencies styled: Request for Enforcement of Hazardous Materials Laws in U.S. Oil and Gas Fields (“Request”)....more

Lowenstein Sandler LLP

Recoverability of State Response Costs to Be Determined Under an Arbitrary and Capricious Standard of Review Limited to the...

Lowenstein Sandler LLP on

On May 30, the United States District Court for the Central District of California determined that judicial review of whether state response costs are recoverable under Section 107(a)(4)(A) of the Comprehensive Environmental...more

MG+M The Law Firm

Bitter Aftertaste: PFAS Found in US Beer

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The Environmental Science & Technology Journal found in a 2025 study that 95% of 23 tested beers brewed across the United States contain varying levels of per- and polyfluoroalkyl substances (PFAS). PFAS are synthetic...more

Allen Matkins

California Environmental Law & Policy Update 6.6.25

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On May 29, 2025, the Supreme Court held that the National Environmental Policy Act (NEPA) — which requires federal agencies to analyze the environmental impacts of projects that they perform, fund, or approve — does not...more

Farella Braun + Martel LLP

Sixth Circuit Rules that Party Found Liable under CERCLA Section 107 Is Not Entitled to Declaratory Relief for Future Cleanup...

On May 12, 2025, the Sixth Circuit issued a published decision in Georgia-Pacific Consumer Prods. LP, et al. v. NCR Corp. finding that a party previously found liable under CERCLA Section 107 is not entitled to declaratory...more

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