S.D.N.Y. Continues Trend of Dismissing PFAS Claims for Lack of Standing
The U.S. District Court for the Southern District of New York has dismissed, without prejudice, a proposed class action complaint against Tom’s of Maine, Inc,
Managing the Legal, Regulatory and Scientific Challenges of PFAS
(Per- and polyfluoroalkyl substances)
PFAS (per- and polyfluoroalkyl substances), known for their flame-retardant, water-resistant and stain-resistant qualities, are so commonly used throughout substances, products and industries that they are ubiquitous in the environment. Allegations regarding adverse health impacts from exposure to these “forever chemicals” have given rise to increased litigation and regulation, forcing companies and their attorneys to educate themselves and take appropriate action.
Harris Beach’s PFAS attorneys are following emerging regulations and court precedents to assist businesses in navigating the evolving legal landscape and pursuing best practices. Throughout the nation, a myriad of motions across product and jurisdiction lines seek to dismiss claims on theories of testing, standing and even preemption. These pending decisions will inform the scope and future of this litigation and Harris Beach’s PFAS lawyers intend to be involved and educated.
We help clients assess PFAS risks and address contaminant issues that lead to regulatory actions, project delays and potential threats of litigation. We work with scientific experts and provide critical guidance to businesses in a variety of industries, including aviation, manufacturing, commercial real estate, municipalities, utilities insurance carriers, pharmaceuticals, cosmetics and food and beverage.
Growing PFAS Litigation Requires Education, Monitoring and Implementation of Best Practices
From mascara to microwave popcorn, and from water to wrappers, the glut of litigation related to the presence of PFAS (per- and polyfluoroalkyl substances) has forced companies and attorneys to pay attention to prospective consumer class-action suits. This white paper covers the emerging nature of PFAS claims, relevant regulations across a number of industries and product types, and tips for safeguarding against potential litigation.
Services Include:
Developing Long-term Regulatory Strategies
Advising clients as they deal with historic PFAS-related contamination and building effective long-term strategies to address an evolving regulatory environment.
Due Diligence
Integrating PFAS-related issues into the transactional environmental due diligence work that we perform for commercial real estate clients.
Documenting and Reporting
Helping clients with documenting and reporting required PFAS-related information, which is often available through freedom of information requests and used to identify defendants for litigation.
Supporting Redevelopment Projects
Supporting commercial real estate clients in the redevelopment of former industrial/commercial properties and in greenfield development projects sited in areas that may have been impacted by off-site activities.
Early Settlement and Resolution
Counseling clients through early settlement and resolution of PFAS-related claims.
Litigation
Defense of class actions, mass torts and other litigation involving allegations related to PFAS.
Monitoring Counsel
Serving as monitoring counsel for leading insurers in the context of regulatory agency actions and class action and other litigation involving PFAS contamination.
Working with Insurance Carriers
Supporting insurance carriers with PFAS-related issues affecting their insured clients.
Evaluating Impact on Water Supplies
Advising municipal and other clients as they evaluate potential risks from PFAS in effluent discharges and biosolids, drinking water supplies, separate stormwater systems and contaminated properties. We also support landfill operators and other municipally-operated entities that may be affected by PFAS contamination.
Assisting With Ongoing Clean-up Activities
Assisting clients that may have used PFAS-containing chemicals in their processes with these legacy issues, including integrating PFAS concerns into ongoing cleanup activities and reviewing potential impacts on pretreatment discharges to publicly owned treatment works.
Additional Resources:
Harris Beach Attorneys Discuss PFAS and FDA Products in DRI Publication
From mascara to microwave popcorn, and from water to wrappers, the glut of litigation related to the presence of PFAS (per- and polyfluoroalkyl substances) has
PFAS Class Action Dismissed for Failure to Plead Mascaras Contained PFAS
The U.S. District Court for the Southern District of New York has dismissed, without prejudice, a proposed Class Action Complaint against defendant L’Oreal U.S.A., Inc.
EPA Releases PFAS Reporting Rule
TCSA-Based Requirement Covers Manufactured and Imported Items The U.S. Environmental Protection Agency recently released a final rule under the Toxic Substances Control Act (TSCA) requiring
Contact Us
Get in touch to discuss how we can help you manage PFAS risks.