PFAS-related litigation continues to accelerate. As shown in the attached graphics, there were more than 2,000 cases in the Multi-District Litigation in the federal district court in South Carolina by mid-January 2022. The bulk of those cases are brought on behalf of individuals, but, for example, municipalities and water suppliers are plaintiffs as well. On
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Alert to Poultry Flock Owners: Highly Pathogenic Avian Influenza on the Move in the US
A variant of Highly Pathogenic Avian Influenza (HPAI) – one that is not an immediate threat to humans – is on the move in the United States in both wild bird and domestic poultry flocks. USDA has confirmed the isolation of Highly Pathogenic Avian Influenza in a commercial broiler flock in Kentucky, a backyard flock…
Coming (Very) Soon to an Environmental Investigation Near You….
Consistent with the U.S. Environmental Protection Agency’s (EPA) PFAS Strategic Roadmap, EPA is just weeks away from issuing a Notice of Proposed Rulemaking to designate PFOA and PFOS as hazardous substances under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA). EPA forwarded the proposed rule for White House Office of Management and Budget…
EPA Publishes UCMR 5 Rule to Require Sampling and Monitoring of 29 PFAS
The federal Safe Drinking Water Act (SDWA) requires that once every five years, the United States Environmental Protection Agency (EPA) publish a list of unregulated contaminants to be monitored by public water systems (PWS) for a period of time. On December 27, 2021, EPA published its most recent list – the fifth Unregulated Contaminant…
Delaware’s Maximum Contaminant Levels for PFOA and PFOS Expected by this Summer
On October 20, 2021, Delaware Governor John Carney signed into law House Bill 8, which is enacted as Delaware’s Drinking Water Protection Act (29 Del. C. §§ 8090-8094).
The Act contains two primary directives requiring: (1) establishment of maximum contaminant levels (MCLs) for a pair of non-polymeric perfluoroalkyl and polyfluoroalkyl substances (PFAS); and (2)…
NJ Rabies Notification Requirements Properly Amended by Governor’s Veto
As previously described, NJ bill A1219 would require veterinarians or health officials to notify known pet owners prior to rabies testing of the deceased pet, which currently involves decapitation to provide maximum protection to laboratory professionals conducting such testing. The bill was conditionally vetoed by the Governor, who has proposed reasonable amendments regarding…
Pit Bull Owners in the City of Council Bluffs, Iowa Lose 8th Circuit Appeal Challenging Ordinance Banning Pit Bull Ownership in City
The 8th Circuit affirmed the district court decision holding that “the challenged city ordinance was supported by a rational basis.” Danker v. City of Council Bluffs, Iowa, 53 F. 4th 420 (8th Cir. 2022).
Plaintiff dog owners had appealed the district court’s decision, granting the City Motion for summary judgment “concluding that ‘the pit bull…
PFAS Exposure Study Seeks Voluntary Participants from Bucks and Montgomery Counties
Researchers from RTI International (Research Triangle Institute), the Pennsylvania Department of Health, Temple University, and Brown University are seeking 1,000 adults and 300 children to participate in a per- and poly fluoroalkyl substances (PFAS) exposure study: the Pennsylvania PFAS Multi-site Health Study. Beginning in November 2021, the study is now open for eligible participants…
$10 Billion Allocated to Addressing PFAS Under Bipartisan Infrastructure Law
The bipartisan Infrastructure Investment and Jobs Act (“Infrastructure Act”) signed by President Biden on November 15, 2021 provides for $10 billion in funding to address PFAS contamination, nationwide. In a letter to governors dated December 2, 2021, EPA identified its aspirations for this Infrastructure Act funding, which include addressing PFAS and other emerging contaminants…
Wayne Hsiung, the activist who stole a goat kid named “Freddie,” found guilty of felony theft in North Carolina
According to the owners of Sospiro Goat Ranch, a small family goat farm in North Carolina, as reported on their blog, “the Facts About the Attack On Our Farm,” dated 7/4/2018, “vegan terrorists” trespassed onto their farm and stole two kids (baby goats)—one in 2017 and another, Freddie, in 2018—claiming that the kids…