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PFAS Litigation: Latest Emerging Contaminant Trends and Actions

Content Provider
American Law Institute CLE
Product
CLE
Run Time
92 Minutes
Recording Date
10/31/2022
Presenter(s)
Mark A. Chertok, Daniel Riesel, Stephanie Biehl, Taryn McKnight, Liam J. Montgomery
Learning Method
On-Demand Training
Practice Area
Litigation, Energy and Utilities and Environment
Persona
CLE OnDemand

Price $259.00

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Description

Litigation involving PFAS reflects the widespread use of these chemicals. With standards for drinking water and remediation under review, the EPA considering hazardous substances designation, and ongoing health and environmental studies, this litigation is expected to become even more complex. Hundreds of PFAS-related lawsuits, including a multi-district litigation for cases relating to fire-fighting foam, are pending in state and federal courts. PFAS is seemingly the fastest growing and evolving area of federal environmental regulation, and the resulting litigation is keeping pace. As the number and variety of lawsuits increase, companies are having to take a harder look at their potential PFAS exposure and changing current practices to remove or mitigate the amount and types of PFAS included in their processes and products. If the EPA ultimately lists certain PFAS as hazardous substances, CERCLA liability risks and the attendant claims for environmental response costs will likely increase exponentially. Now is the time to understand and navigate the risk of PFAS exposure, determine how to minimize that risk, and assess the state of complex litigation involving this emerging contaminant. This program features two litigators experienced in the MDL and other PFAS litigation, as well as a scientific expert to explain the technical issues of detection, proof, and remediation of this emerging contaminant. During the 90 minute discussion, they will explore: The ubiquity of and impact from PFAS Implications of certain PFAS being listed as a hazardous substance under CERCLA Use of market share theories in litigation Evidentiary issues (e.g., ubiquity versus causation) Common claims and defenses in PFAS litigation Availability of treatment and detection methods Joint and several liability/apportionment and allocation Personal injury and attendant issues

Literature

State Status Total Credits Type Of Credit Approved Thru
AlabamaApproved1.50General12/31/2024
AlaskaApproved1.50GeneralOn-going
ArizonaApproved1.50GeneralOn-going
ArkansasApproved1.50GeneralOn-going
CaliforniaApproved1.50Participatory12/31/2027
ColoradoApproved2.00General12/31/2025
ConnecticutApproved1.50GeneralOn-going
DelawareApproved1.50General10/30/2024
FloridaApproved2.00General08/31/2024
GeorgiaApproved1.50General12/31/2024
HawaiiApproved1.50General12/27/2024
IdahoApproved1.50General10/30/2027
IllinoisApproved1.50General01/09/2025
LouisianaApproved1.50General01/05/2025
MaineApproved1.50General03/05/2025
MississippiPending State Response0.00
MissouriApproved1.80GeneralOn-going
MontanaApproved1.50General10/30/2025
NebraskaApproved1.53General10/30/2024
NevadaApproved1.50General12/31/2026
New HampshireApproved1.50General10/30/2025
New JerseyApproved1.50GeneralOn-going
New MexicoApproved1.50General10/30/2027
New YorkApproved1.50SkillsOn-going
North DakotaApproved1.50General10/30/2025
OhioApproved1.50General12/31/2024
OregonApproved1.50General10/30/2025
PennsylvaniaApproved1.50General01/05/2025
Rhode IslandApproved1.50General06/30/2024
South CarolinaApproved1.53General12/31/2024
UtahApproved1.50General12/31/2024
VermontApproved1.50GeneralOn-going
WashingtonApproved1.50General10/30/2027
West VirginiaApproved1.84GeneralOn-going
WisconsinApproved1.50GeneralOn-going
WyomingApproved1.50General01/05/2025

Speakers