EPA’s Slow March Towards Federal Regulation of PFAS

In May, we reported on developments involving a case in the Eastern District of Pennsylvania involving water contamination and exposure to per- and polyfluoralkyl substances (PFAS). PFAS is a family of man-made chemicals that includes PFOA, PFOS, and PFNA (and many others). The chemicals are commonly found in many consumer products, including stick-proof food packaging, waterproof clothing, and non-stick cookware. The plaintiffs in the PA case alleged that aqueous film forming foams (AFFF) used for firefighting drills at the Naval
Continue reading...

Pennsylvania Supreme Court Sides With Gas Industry, But Allows For Potential Enforcement of Two New Rules

The Pennsylvania Supreme Court recently decided to preserve an injunction against the Department of Environmental Protection of Pennsylvania (DEP) that prevents the enforcement of various new rules pertaining to hydraulic fracturing operations. In the case of The Marcellus Shale Coalition v. Department of Environmental Protection, et. al., industry organization, the Marcellus Shale Coalition (MSC), had sought a preliminary injunction, challenging the validity of several regulations relating to unconventional gas well operations (which includes hydraulic fracturing, as opposed to traditional oil
Continue reading...

Bystanders Beware – No Strict Products Liability Claims for Bystanders in AFFF / PFAS Actions in Pennsylvania

Lawsuits involving water contamination have been trending over the past couple years throughout the United States. We’ve seen a shift in the plaintiff’s bar’s focus from pursuing point sources to utilizing traditional product liability theories to support allegations of contamination against manufacturer defendants when the opportunity presents itself. The blue print’s simple – pursue deep pocketed manufacturers where insurance is often available. The product liability lawsuits against manufacturers of aqueous film forming foam (AFFF) – a firefighting foam utilized at airports
Continue reading...

Landmark Ruling: Trespass Claims Against Fracking Companies Proceed as Pennsylvania Recognizes Property Rights to Natural Gas

Recently, the Pennsylvania Superior Court — PA’s appellate court — published its opinion in Briggs v. Southwestern Energy Production, potentially altering the landscape of hydraulic fracturing litigation in Pennsylvania. The intermediary appellate court’s decision centered on the interpretation of Pennsylvania’s rule of capture, which allows companies to drain a natural resource, including oil, gas, or water, from beneath property they do not own so long as they do not trespass on the surface level of the land. In its ruling, the Superior Court noted that the rule
Continue reading...

Power Struggle: A State’s Constitution Being Used to Oppose Hydraulic Fracturing

In June 2017, the Pennsylvania Supreme Court issued its decision in PA Environmental Defense Foundation v. Commonwealth of Pennsylvania, et. al, (PEDF) establishing a broad interpretation of PA’s Environmental Rights Amendment (ERA), which is found in the Commonwealth’s Constitution. Some folks in PA might not know this, but it’s one of only a few states in the nation to recognize having clean air and water as a basic civil right for its citizens. The case, brought by the Pennsylvania Environmental
Continue reading...