LATEST INSIGHTS

California / Emerging Issues
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The Roundup Windup

Widespread personal injury litigation based on exposure to Roundup, the widely-used pesticide produced by the Monsanto Company, is no longer a plaintiffs’ bar pipe-dream — it is close to becoming a reality. Hundreds of cases have been filed, mostly in St. Louis and San Francisco, and the first trial of such a matter will commence this week in California state court.

As we have reported previously, there has been broad and long-running controversy over whether glyphosate, the active ingredient in Roundup, may be carcinogenic to …

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Emerging Issues
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In the Hands of the States: Pesticide Use and Regulation of Marijuana Cultivation

To date, nine states and Washington, DC, have legalized marijuana for recreational use for adults over the age of 21. Additionally, medical marijuana is legal in another 29 states. The National Organization for the Reform of Marijuana Laws has stated that “With over 60 percent of Americans now supporting the full legalization of marijuana for adults, the momentum behind marijuana law reform will not only continue but increase as we head into 2018.”

Despite remaining illegal on the federal level, in 2017, legal marijuana sales …

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CERCLA / New York
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NY’s Highest Court Makes it Clear – NYS DEC Has Authority to Unilaterally Remediate Hazardous Waste Sites

In October 2016, New York’s Appellate Division held that the New York State Department of Environmental Conservation (DEC) overstepped its boundaries when it unilaterally undertook the remediation of FMC’s site in Niagara County, New York. FMC Corp. v. New York State Dept. of Envtl. Conservation, 143 A.D.3d 1128 (3d Dept. 2016).

NY’s highest court – the Court of Appeals – smacked down the Appellate Division’s ruling and reversed it.

The facts:

For over 60 years, FMC has owned and operated a 103-acre property in …

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Wastewater
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Out of the Sludge Pond and into the Fire? Tractor Accident Leads to Spill of 10 million Gallons of Orange-Tinted Water

An industrial accident last month at the Hi-Crush mine in Whitehall, Wisconsin is shaping-up to have some potentially significant environmental effects. A contractor’s bulldozer slid into a deep settling basin at the mine in western Wisconsin, leading to an hours-long effort to rescue the man from a 15-foot-deep pond. Rescuers freed the driver after emptying an estimated 10 million gallons of water from the pond into a Trempealeau River tributary. The settling basin contained a large amount of sludge- water, mixed with sand and chemicals. …

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General
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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 …

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Litigation / New Jersey
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New Jersey Settles MTBE Pollution Case for Almost $200 Million

A pollution lawsuit initially filed against three major oil companies is settling for almost $200 million, with additional parties still negotiating. In 2007, the state of New Jersey sued a number of oil companies in U.S. District Court for the Southern District of New York over their usage of MTBE (methyl tertiary butyl ether). MTBE was a synthetic chemical added to gasoline to help fuel burn more completely and reduce tailpipe emissions from vehicles. MTBE was approved for use in gasoline by the EPA in …

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Hydraulic Fracturing / Pennsylvania
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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 drilling) governed by Pennsylvania’s …

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Water Contamination
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CDC Reports Outbreaks Associated With Treated Recreational Water on the Rise: An Overview of the CDC’s MMWR

The Morbidity and Mortality Weekly Report (MMWR) is a weekly epidemiological digest for the United States published by the Centers for Disease Control and Prevention (CDC). It is considered by many practicing in the public health sector to be the primary publication for sharing public health information and recommendations that have been received by the CDC from state health departments.

On May 18, 2018 the CDC published “Outbreaks Associated with Treated Recreational Water – United States, 2000-2014. (MMWR May 18, 2018/67(19); 547-551). This report …

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California / Climate Change
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400 Months and Counting – Warm Temperatures Continue!

Despite the miserable cold and wet April weather experienced by most of the eastern half of North America, April 2018 turned out to be the third warmest April on record, continuing a streak of 400 continuous months (33 years) where the monthly average temperature was above the 20th century average. Only April 2016 and April 2017 were warmer. Nine of the 10 warmest Aprils have occurred since 2005. Especially notable was the possibility that the city of Nawabshah, located in the southern part of Pakistan, …

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Pennsylvania / PFOA
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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 and military bases throughout …

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