Breaking News: Fraud Claims Against Exxon Mobil Dismissed in Landmark Trial

Early this morning the court cleared Exxon Mobil in hotly contested litigation that was pending in New York. In a bench trial[1], which took place in October 2019, the New York State attorney general alleged that Exxon defrauded investors by inflating their value with internal climate risk metrics. Additionally, several have alleged that such misrepresentations have led to significant impacts on climate change globally. Today, the court ruled that the New York attorney general failed to present sufficient evidence to
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EPA Announces Draft Risk Evaluation for N-Methylpyrrolidon (NMP)

Earlier this month, the U.S. Environmental Protection Agency (EPA) announced the availability of the draft risk evaluation for N-methylpyrrolidon (NMP) under the Toxic Substances Control Act (TSCA). The purpose of a risk evaluation is to determine whether a chemical substance presents an unreasonable risk of injury to health or the environment under the conditions of its use and to analyze the risks from potential exposure. The draft risk evaluation will be peer-reviewed by the TSCA Science Advisory Committee on Chemicals (SACC) on December 5- 6, 2019 with a final regulation
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Next-Gen Nuclear Gaining Steam as Green Power Alternative with Governmental Partnerships

In early October 2019, the United States Department of Energy (DOE) and the United States Nuclear Regulatory Commission (NRC) executed a memorandum of understanding to share technical resources and expertise to accelerate the development and implementation of advanced nuclear technologies. Under the agreement, the DOE would run a National Reactor Innovation Center (NRIC) with a goal of funneling private sector funds to the testing and validation of reactor concepts, and would assist potential providers of advanced nuclear technology with guidance
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Florida Appellate Court Finds That State Laws Preempt City-Enacted Anti-Styrofoam Ban

Florida’s Third District Court of Appeal recently struck down a 2016 Coral Gables’ law that prohibited the sale and use of food-related polystyrene containers (i.e., Styrofoam) by food service providers and stores. This decision reverses a trial court decision granting a motion for summary judgment in favor of the city and finding that the three state laws in question were unconstitutional. In its decision, written by Judge Norma S. Lindsey, the Florida Third District Court of Appeal held that the
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Don’t Go Taking My Land: Did SCOTUS Find a Serious Hurdle for State Limitations on Energy Development?

What does a private graveyard have to do with environmental regulation? Potentially a lot. The United States Supreme Court recently ruled that property owners can forgo state court to assert claims that the government unconstitutionally allowed a “taking” of their land. Most are familiar with the takings clause of the U.S. Constitution’s Fifth Amendment: “[N]or shall private property be taken for public use, without just compensation.” That is, governments are not permitted to take private property without providing fair value.
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Another Study Finds Popular Cereals and Snack Products Contain Traces of Glyphosate

The Environmental Working Group (EWG) – a consumer products testing and environmental advocacy organization – recently commissioned a new round of laboratory tests that it claims detected traces of glyphosate in various popular cereals and snack food. Glyphosate purportedly was in these foods because it is used in herbicides applied to various source crops, such as grains and corn. In total, 21 oat-based food products were tested and all but four contained trace levels of glyphosate. The highest levels of
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Record-Setting $2 Billion Verdict In Glyphosate Litigation

Previously, we reported two significant jury verdicts involving alleged exposure to glyphosate-containing Roundup, including a $289 million verdict and an $80 million verdict, both occurring in California courts within the past year. In another plaintiff’s victory, an Alameda County jury has reached a record-setting $2 billion verdict against Monsanto — the largest in history involving alleged exposure to glyphosate. This is now the third consecutive herbicide trial where a jury has found in favor of plaintiffs. The plaintiffs in this
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Avoiding Surprise: Unregulated Chemicals and Risk Webinar

Co-Editor George Buermann be co-presenting a Perrin webinar titled “Avoiding Surprise: Unregulated Chemicals and Risk” on May 14, 2019 from 2 – 3:30 p.m. EST. This webinar will cover the following topics: Why some chemicals are regulated The risk paradigm related to chemicals: Presumption of innocence vs. Precautionary principal Possible Risks: Environmental Pollution, Toxic Tort, Nuisance, and Product Liability Understanding how human health/ecological risk is assessed Risk management/mitigation strategies Learn more and register here.
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The Replacements: DC Circuit Partially Vacates EPA’s HFC Rule

Last week, the U.S. Court of Appeals for the D.C. Circuit invalidated part of a 2016 EPA rule that made hydrofluorocarbons (HFCs) unacceptable for various uses in aerosols, automobile air conditioners, commercial refrigerators, and foams. In the waning years of the Obama presidency, EPA made an effort to combat climate change by enacting two rules restricting the use of HFCs, which are greenhouse gases. EPA claimed it had authority to do so under Title VI of the Clean Air Act.
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Emerging Contaminants: Testing Finds 1,4-Dioxane Present in Dozens of Household Products

Testing conducted by the group Citizens Campaign for the Environment, which is purportedly pushing for a New York state ban on 1,4-Dioxane in household products, has found the chemical at various levels in “65 of 80” commonly used (and commonly disposed of) high-end and less expensive personal care and detergent products. In conjunction with an uptick in 1,4-Dioxane litigation, these new studies likely provide lawyers, litigants, and other concerned parties a hint at what’s to come. As a refresher, 1,4-Dioxane
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