LexisNexis® Legal Newsroom
Exposure to certain PDBE flame retardants are associated with lower scores on tests of mental and physical development in children up to 6 years of age

A prior post noted the association between PDBE flame retardants and time to pregnancy. Because PDBE's are persistent and bioaccumulative, they have become ubiquitous in the environment. Animal studies have indicated that prenatal PBDE exposure may result in adverse neurodevelopmental effects...

In a smallish room, body heat draws particles near, enhancing inhalation

Most models involving inhalation of particulates of various sorts (e.g., microbes, pollen, dust, toxins) assume a somewhat even distribution of the particulates in the air that is inhaled. While such an assumption helps to simplify exposure calculations, it is factually inaccurate in some circumstances...

Three new studies conclude that prenatal pesticide exposure lowers IQ

Before noting the studies, I should note that I am very skeptical about what it is that IQ tests measure, and whether they are measuring it accurately. Personally, I find the thesis that there are many types of intelligence to be more persuasive, but then I do not hold my self out as an expert on measuring...

Children in nonsmoking families have higher levels of secondhand exposure if they live in multifamily dwellings

Prior posts have noted some of the chemical and adverse health effects that arise from the smoking of tobacco; a recent post also discussed the science developed to date regarding so-called thirdhand smoke. Children who grow up in apartment buildings are more likely to inhale secondhand tobacco smoke...

BPA exposure may be underestimated because of laboratory method used

Prior posts have discussed various animal studies that have reported the potential for adverse impacts from BPA exposure, as well as the controversial conclusions of FDA under President Bush in assessing the risk of such exposure to humans. Recently published research suggests that the standard approach...

Obesity impacts memory & concentration, providing an alternative explanation to harm claimed from a toxic exposure

Prior posts have noted that the key to toxic torts is causation. Prior posts have also noted some potential alternative factors that should be considered when various types of harm are alleged that supposedly result from a toxic tort. Now, obesity may be a factor in impaired memory and concentration...

California Attorney General seeks to limit scope of "public interest" releases in Prop. 65 settlements

California's Proposition 65 ( Sections 25249.5 et seq Health & Safety Code ) is an unusual regulatory scheme. Lawsuits may be filed by private individuals. Plaintiffs are not required to have standing. The law only addresses a warning requirement; it does not itself prevent or constrain the presence...

Neonatal intensive care appears to expose babies to significant levels of BPA

Although the level of BPA that may be toxic to humans has not been quantified, babies treated in neonatal intensive care appear to be exposed to relatively larger doses of BPA, according to an interesting, but small study. This exposure may be more harmful due to the limited ability of neonates to detoxify...

Assembly Bill 227 – An Ineffective Attempt To Reform California's Proposition 65

The 60-day notice provision of Proposition 65 was allegedly modeled after several then existing (1986) Federal environmental statutes. OEHHA: Final Statement of Reasons for Section 12903 (5/14/97) at http://oehha.ca.gov/prop65/law/903fsr.html . Like Federal law, Proposition 65's notice provision...

Ongoing exposure of numerous individuals to wind blown toxic materials comes within "mass action" exception to removal pursuant to the Class Action Fairness Act

In Abraham v. St. Croix Renaissance Group , 2013 U.S. App. LEXIS 9899 (3rd Cir. 2013), Defendant sought to remove the case pursuant to Class Action Fairness Act ("CAFE"). Plaintiffs (459 in number) alleged that defendant purchased the site at issue (a former alumina refinery operation) knowing...

California’s Green Chemistry Initiative: “Work Plan” Basics and the 7 Product Categories – 3 Action Steps

By George Gigounas and Rachael E. Yourtz California is steadily implementing its landmark Green Chemistry Initiative, which increases regulation and oversight of consumer product chemical exposures in important ways. In a recently published Work Plan on the statute, California’s Department...

Environmental Appeals Board Decision in the Elementis Case: What It Means For The "Continuing Violation" Doctrine Under The Statute of Limitations For TSCA Section 8(e) and EPA's Guidance Definition For "Corroborative Information"

On March 13, 2015, the Environmental Appeals Board (EAB) overturned a controversial decision issued by an Administrative Law Judge (ALJ) in 2013. The ALJ held that Elementis Chromium (Elementis) failed to report to the U.S. Environmental Protecting Agency (EPA) a study on occupational exposure involving...