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Toxic Substances

Pineros y Campesinos Unidos del Noroeste v. Pruitt

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...

Environmental Working Group v. United States Food & Drug Administration

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...

National Ass'n of Wheat Growers v. Zeise

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...

Sierra Club v. Pruitt

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...

Boettcher v. Conoco Phillips Co.

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...

Westport, Town of v. Monsanto Co.

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...

California v. ConAgra Grocery Products Co.

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...

Liebhart v. SPX Corp.

A district court held that polychlorinated biphenyls (PCBs) being regulated under TSCA does not bar a Wisconsin couple from bringing a citizen suit under RCRA against a neighboring property owner for releasing PCBs during the demolition...

Cincinnati Insurance Co. v. Roy's Plumbing, Inc.

The Second Circuit, in a summary order, affirmed a lower court decision that an insurance company has no duty to defend a plumbing company in an underlying state suit related to chemical contamination at Love Canal near Niagara Falls,...

NRDC v. EPA

The Ninth Circuit vacated EPA's conditional registration of a pesticide because the Agency failed to support its requisite finding that registration was in the public interest. A pesticide manufacturer applied to register a pesticide...