WEBINAR: Unregulated (Mostly), Uncertain, and Ubiquitous-PFAS and the Highly Anticipated ATSDR Report

Join Goldberg Segalla’s George H. Buermann and Oliver E. Twaddell​ for a complimentary, live, and  interactive webinar on PFAS substances and how companies, insurers, and counsel should prepare themselves for what might be the next mass tort. George and Oliver will present on the most recent — and perhaps most significant — indicator of these developments, a report from the Agency for Toxic Substances and Disease Registry (ATSDR), which includes a toxicological profile of PFAS and a comprehensive analysis of the
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Glyphosate and Non-Hodgkin’s Lymphoma Claims: Different Results In Different Courtrooms Based On The Same Science

We recently reported on a $289 million verdict for plaintiff Dewayne Johnson against Monsanto Company in the state Superior Court of California, an astounding verdict by the jury who found that Mr. Johnson’s use of glyphosate-containing herbicides caused him to develop a type of cancer known as non-Hodgkin’s lymphoma. Monsanto will be appealing the verdict on the grounds that the science does not show that glyphosate causes cancer. While the court in Johnson admitted scientific evidence by plaintiffs that glyphosate causes
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AIRROC & EECMA Climate Change Symposium

Join Goldberg Segalla’s John F. Parker on September 6, 2018 at the Climate Change Symposium in Philadelphia, PA hosted by AIRROC and EECMA. This one-day symposium will cover the insurance risks associated with the failure of climate change and servere weather adaptation and how it relates to the new wave of climate change related lawsuits filed against the oil and gas industry. John will be part of a panel discussion titled “How States, the International Community, Cities and Businesses are Responding to Climate
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NYS DEC Adopts First Major Update to State’s Environmental Quality Review Regulations in 20 Years

On June 28, 2018, the New York State Department of Environmental Conservation (DEC) promulgated revisions to the State Environmental Quality Review Act (SEQRA). These are the first substantial revisions to SEQRA in over 20 years.The amendments go into effect beginning January 1, 2019 and will apply to all pending and future actions. Under SEQRA, actions are classified into three main designations: Type I, Type II, and Unlisted. The new amendments provide major changes to the types of projects that fall under the Type I and Type II classifications. The new
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New Class Certifications in Toxic Tort / Environmental Litigation May Be Indicative Of A Larger Trend

It is well-known in toxic tort and environmental legal circles that plaintiffs have inherent difficulties when seeking to certify a class of “injured” plaintiffs. Individualized issues of causation, exposure, and damages pervade just about all cases — and courts have long recognized this. Our blog posted recently on the medical monitoring PFOA class action in upstate New York that was certified in early July 2018 (i.e., Burdick v. Tonoga). That case is a clear outlier as it may be the
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CMS Clarifies Legionnaires Infection Control Requirement For Nursing Homes

In early July, the Centers for Medicare and Medicaid Services (CMS) issued a clarifying memorandum to certified healthcare facilities regarding CMS’s “expectations” for mitigation of legionella risks. Specifically, CMS’s letter revises a prior memorandum and clarifies expectations related to legionella risk mitigation. Legionnaires’ disease is a serious type of pneumonia caused by a waterborne pathogen known as legionella. It is contracted when susceptible individuals inhale water droplets or mist containing elevated levels of legionella bacteria. The number of legionnaires cases reported to CDC has been
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Battles over Lead Paint Rage On in California

Three paint manufacturers who have been in a tug-of-war with several California counties regarding potential liability for lead paint resorted to a state balloting process to shift the potential exposure. The battle started to intensify earlier this year when the California Supreme Court declined to review a 2014 state appeals court ruling that held manufacturers Sherwin-Williams Co., NL Industries Inc. and ConAgra Grocery Products Co. liable for $1.15 billion dollars in costs associated with remediation of lead paint in housing
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Department of Interior in Need of a Paddle? Lawsuit filed over approval of mines in Boundary Waters Canoe Area

A coalition of nine Minnesota businesses and an environmental group filed suit in federal court in Washington, D.C. against the U.S. Department of the Interior challenging its decision to reinstate federal mineral rights leases for the proposed Twin Metals copper-nickel mine in the Boundary Waters Canoe Area near Ely, Minnesota. The lawsuit alleges the Department of the Interior exceeded its authority and poses an immediate threat to businesses, the environment and the region’s outdoor recreation economy. The plaintiffs include four
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New York State Requires Manufacturers of Household Cleaning Products to Disclose Chemical Ingredients. Heads Up! This Includes Nanomaterials.

On June 6, 2018, the State of New York’s Department of Environmental Conservation (NYSDEC) launched a new initiative to require the public disclosure of chemical ingredients in household cleaning products. The cited authority for this program derives from Environmental Conservation Law (ECL) Article 35 and New York Code of Rules and Regulations (NYCRR) Part 659. The statute and regulations authorize the commissioner of NYSDEC to require manufacturers of domestic and commercial cleaning products distributed, sold, or offered for sale (including over the internet) in the state
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Perrin Conferences: Environmental Risk and Litigation Conference

Join Goldberg Segalla’s John A. Lee on June 12, 2018 at Perrin Conferences Environmental Risk and Litigation Conference in New York City, which will cover topics such as “The Trump Administration’s Impacts on Environmental Litigation” and “PFAS: Evolution from Emerging Contaminant to Frequent Headliner.” John will be part of a panel discussion titled “The Environmental Impact of Climate Change.” The panel will explore projected regional climate change impacts and its potential effects on the insurance industry, as well as the impact of traditional and
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