Settlements of Firefighting Foam Lawsuits
Clients often ask, “How much money is my case worth?” Attorneys find this question difficult to answer because it is hard to accurately predict the future. Lawyers don’t want to mislead their clients. Also, they don’t want to create unrealistic expectations. Moreover, there are many unknown factors that can impact the settlement value of each […]
EPA Proposes Rule for PFAS CERCLA Liability
On August 26, 2022, EPA issued a long-anticipated proposal to designate two of the most widely used PFAS chemicals (PFOA and PFOS) as hazardous substances under CERCLA. The adoption of this rule would increase transparency around releases of these harmful chemicals, assist in identifying contaminated areas, and help to hold polluters accountable for cleaning up […]
PFAS in Fire Fighter Turnout Gear
The scientific community identified PFAS as a hazard in fire fighter turnout gear in several studies. They call these chemicals “forever chemicals” because they don’t break down in the environment. Forever chemicals also stay in the body for many years. This creates additional risk of exposure to the public and fire fighters. The Environmental Protection […]
Staying Informed on Air Quality and Pollution
Air quality and air pollution represent major environmental and health concerns in the United States and around the world. If you’ve ever walked outside to a sky filled with haze or had difficulty breathing outside, air pollution may have been to blame. Particle pollution represents a unique challenge because it has natural sources (for example, […]
Arkema’s Appeal of Class Cert Ruling Denied
In a big win for Plaintiffs and the community impacted by the 2017 Arkema plant fires, the Fifth Circuit has denied Defendant’s Motion for Leave to Appeal Judge Ellison’s Class Certification Order. This means that the Fifth Circuit will not review Judge Ellison’s class certification decision and the chemical plant fire case will proceed to […]
Designation of PFAS as Hazardous Substances
In March, the EPA indicated that it will regulate certain per- and polyfluoroalkyl substances (PFAS), namely PFOA and PFOS, as hazardous substances under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), otherwise known as the Superfund Law. Including PFAS as hazardous substances under CERLA is long overdue. Various passive “receivers” of PFAS wastes, such […]
Should I Have My Blood Tested for PFAS?
On July 28, 2022, the National Academies of Sciences, Engineering, and Medicine (NASEM) published a report titled “Guidance on PFAS Exposure, Testing, and Clinical Follow-up.” This consensus study report was funded by the US Center for Disease Control and Prevention (CDC), the National Institutes of Environmental Health Sciences (NIEHS), the National Institutes of Health (NIH), and […]
Legacy Lawsuit Settlements with Oil Companies
Clients with property damaged by oil and gas drilling and exploration often ask about what they can expect to receive in settlement. Although we seek to negotiate a win for our clients, accounting for the costs and risks of litigation, there are certain terms generally expected in the settlement environmental damage lawsuits. Settlement of Oil […]
West Virginia v. EPA and the Environment
On June 30, 2022, the United States Supreme Court issued a decision in West Virginia v. Environmental Protection Agency striking down the EPA’s Clean Power Plan. In so doing the conservative bloc of the Court fired an opening shot at the EPA in particular and all regulatory agencies in general. The case arose when West […]
FIREFIGHTING FOAM CONTAMINATION OF AIRPORTS
Firefighting foam has caused numerous airports to file civil lawsuits to recover damages and costs related to decades of use. U.S. District Richard M. Gergel presides over most of these lawsuits in the AFFF MDL. Judge Gergel is coordinating pretrial matters to prepare for settlement or trial. Airports filed claims relating to per- or polyfluoroalkyl […]