Microplastics in consumer products: Emerging litigation risks for household brands
5/29/25
By: Noël Couch, Joshua G. Ferguson, Kevin G. Kenneally and Kevin M. Ringel
As concerns over microplastics make headlines, consumer product manufacturers are increasingly finding themselves in the crosshairs of litigation. A pair of class actions filed in California …
EPA announces future plans regarding PFAS in drinking water
5/28/25
By: Joshua G. Ferguson, Kevin G. Kenneally, James M. Mathew and Kevin M. Ringel
On May 14, 2025, U.S. Environmental Protection Agency (EPA) Administrator Lee Zeldin announced proposed revisions to the agency’s national drinking water standards for per- …
3M agrees to settlement with New Jersey
5/20/25
By: Joshua G. Ferguson and James M. Mathew
Recently, 3M has agreed to a $450 million settlement with the state of New Jersey to resolve claims related to the presence of PFAS—perfluoroalkyl and polyfluoroalkyl substances—in the environment.
PFAS are a …
Newest EPA efforts related to Forever Chemicals
5/8/25
In a press release on April 28, 2025, the U.S. Environmental Protection Agency (EPA) Administrator identified a series of planned agency actions to address Per- and Polyfluoroalkyl Substances (PFAS), colloquially referred to as Forever Chemicals.
The …
PFAS ban in New Mexico: A growing compliance challenge for manufacturers and insurers
4/1/25
By: Joshua G. Ferguson, Kevin G. Kenneally and Kevin M. Ringel
As so-called forever chemical litigation continues to surge nationwide, states are stepping up regulatory efforts – none more significantly in recent weeks than New Mexico. On March 21, …
3/25/25
By: Noël Couch, Joshua G. Ferguson, Kevin G. Kenneally, Mike J. Rigelsky and Kevin M. Ringel
Researchers at the University of Massachusetts Lowell (UMass Lowell) are conducting a new study to assess per- and poly-fluoroalkyl substances (PFAS) …
California plaintiffs take a bite of the Apple – PFAS litigation reaches Apple Watches
1/29/25
By: Joshua G. Ferguson and James M. Mathew
Two California residents have filed a lawsuit against Apple for its use of PFAS in the manufacturing of wristbands used for its Apple Watches. The two California residents filed a 64-page class …
6/13/24
By: Kevin M. Ringel, Kevin G. Kenneally, and Joshua G. Ferguson
This week, in a lawsuit challenging new PFAS regulations put in place by the Environmental Protection Agency (“EPA”) in April, the American Chemistry Council and National Association …
EPA announces final National Primary Drinking Water Regulation for PFAS
4/11/24
By: James M. Mathew, David M. Harding, and Kevin M. Ringel
After working for over a year and reviewing 120,000 comments on the proposed rule, the EPA passed its final regulation regarding PFAS in drinking water. The Safe …
12/4/23
By: Kevin G. Kenneally, David Harding and Christina Morgan
“Seldom is so ambitious a case filed on so slight a basis.”
–U.S. Court of Appeals for the Sixth Circuit
On November 27, 2023, the U.S. Court of Appeals for …
U.S. Supreme Court Expands Lands Available For Construction By Limiting The Clean Water Act
6/29/23
By: John L. Kortum
The United States Supreme Court vastly expanded the range of lands available for construction projects in a recent opinion limiting the reach of the Clean Water Act. By interpreting the phrase “waters of the United States” …
7/18/22
By: Alec D. Tyra
On June 30, 2022, the Supreme Court issued its opinion in West Virginia v. EPA, invalidating the 2015 Clean Power Plan (CPP). Chief Justice John Roberts delivered the opinion of the court, holding that Section …