Price of Pesticides: DC v. Velsicol Chemical

On October 13, the Attorney General for the District of Columbia sued a pesticide manufacturer for polluting D.C. waterways and natural resources. That company, Velsicol Chemical, LLC, was the sole manufacturer of chlordane, one of the most widely used pesticides in the United States until it was banned by the EPA in 1988. The District […]

Do you have a right to a healthy environment?

Most people may assume that the right to clean air and water is a given in the United States. We are a first world nation and global leader. However, the amount of environmental contamination and environmental disasters in this country demonstrate that a healthy environment is not guaranteed. Right to a Healthy Environment in State […]

Water Treatment for PFAS Contamination

PFAS chemicals, both PFOA and PFOS, present a significant threat to drinking water supplies in the U.S. PFAS travels through soil and leaches into groundwater because it has a high-water solubility. Once it is in the environment, it persists. PFOA and PFOS fails to break down over time in the natural environment. Therefore, cities and […]

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 […]

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