Proving causation is a core element of any tort case. An individual cannot be sued for another’s injury if he played no role in the injury occurring. But this concept becomes much more complex in the context of a toxic-tort case. The medical conditions allegedly caused by exposure to toxic substances can take decades to … Continue reading "Is Illinois Re-Thinking Causation in Toxic Tort Cases?"...

Proposed amendments seek sweeping changes to the popular short-form Prop 65 warning. Any company using this warning must revise their labeling. Companies will no longer be allowed to use the “just label everything” strategy as the short-form warning now will require identification of at least one product-specific Prop 65 chemical. Regulatory Background: California’s Environmental Protection Agency, … Continue reading "Prop 65 Update: OEHHA Takes Aim at Short-Form Warnings"...

In a summary judgment opinion in Hobart Corporation, et al. v. The Dayton Power & Light Company, et al., 3:13-cv-115, the United States District Court for the Southern District of Ohio held that untreated wood and wood ash from burning untreated wood is not a CERCLA “hazardous substance”. The Court found that even if wood … Continue reading "Court Holds That CERCLA Does Not Apply To Disposal Of A “Naturally Occurring” Hazardous Substance"...

The California Office of Environmental Health Hazard  Assessment (OEHHA) published a notice of modified text on December 13, 2021 to its proposed short-form warning regulations of California’s Safe Drinking Water and Toxic Enforcement Act of 1986 (Prop 65). OEHHA had initially proposed amendments to its short-form warning regulations on January 8, 2021. The December 13, … Continue reading "OEHHA Issues Proposed Amendments to Prop 65 Short-Form Product Warning Rules"...

Molly Snittjer, a Notre Dame Law School alum and Nijman Franzetti associate, spoke today on an Alumni Panel hosted by the Notre Dame Real Estate Law Society. She joined fellow ND alums Tomas Castellanos, a real estate associate at Holland & Knight, and Ryan McCaffrey, general counsel to Post Brothers, to discuss real estate law … Continue reading "Molly Snittjer Speaks at Notre Dame’s Real Estate Law Society Program"...

OEHHA has scheduled a public hearing on March 11, 2021 at 10:00 a.m. PT as a result of a request from The Gorilla Glue Company. The hearing will be conducted remotely. Information concerning how to participate in the hearing will be posted on OEHHA’s website prior to next week’s meeting. More information about the public … Continue reading "Prop 65: March 11 Short-Form Warning Public Hearing"...

For decades prior to the Trump Administration, Supplemental Environmental Projects (“SEPs”), have been incorporated into environmental enforcement settlements by the U.S. Department of Justice (“DOJ”) as an efficient way to achieve environmental progress following an environmental violation, and mitigate civil penalties. However, starting in June 2017, the legality of SEPs began to be questioned by … Continue reading "DOJ’s Evolving SEP Policy"...

By Jennifer T. Nijman Finally, there is a substance that, when sent to a CERCLA Superfund Site, does not subject a party to liability. Many of us grew up in the environmental field understanding that anything sent to a site subjects a party to liability – either as a hazardous substance itself, because it contains … Continue reading "OHIO DISTRICT COURT CONFIRMS ITS RULING THAT CERCLA DOES NOT APPLY TO DISPOSAL OF A “NATURALLY OCCURRING” HAZARDOUS SUBSTANCE"...