The Eighth Circuit held that a lower court must hold a new trial with respect to a family's claims for punitive damages against a former manufacturing company for tricholorethylene contamination that allegedly caused their daughter to develop autoimmune hepatitis. The contamination occurred between ...

A district court held that EPA violated the APA by failing to provide notice and opportunity to comment before delaying the effective date of a January 2017 rule concerning the certification and use of “restricted use pesticides." The rule, which was to go into effect on March 6, 2017, established...

A district court dismissed environmental groups' lawsuit against the FDA concerning the use of formaldehyde and formaldehyde-producing chemicals in hair-straightening products. The groups petitioned the FDA to investigate deceptive labeling of such products, require appropriate labeling, and conside...

A district court issued a preliminary injunction enjoining California from enforcing Proposition 65’s carcinogenicity warning requirement for glyphosate. On the evidence before the court, the required warning for glyphosate does not appear to be factually accurate and uncontroversial because it co...

A district court held that EPA's year-long delay in implementing formaldehyde emission standards for domestically manufactured and imported composite wood products violated the Formaldehyde Standards in Composite Wood Products Act. The Act required EPA to issue implementing regulations no later than...

The Tenth Circuit ruled that an Oklahoma citizen has no claim against an oil company on allegations that his cancer was caused by decades of breathing benzene fumes from its oil refinery near his home. In 2011, the man was diagnosed with multiple myeloma. In 2016, he brought suit against the oil com...

The First Circuit held that a pesticide company is not liable for cleaning up PCB-laden caulk installed in a Massachusetts middle school in the 1960s. Before August 1970, the pesticide company sold PCB mixtures to formulators of building materials, who then incorporated them into various end product...

A California appellate court held that three paint companies will have to reimburse the state for the cost of stripping lead paint from the interior of thousands of houses in San Francisco and nine other cities and counties. The state claimed the companies sold and advertised lead paint for resident...