Dear Section Members, Here is the news roundup from the first half of October. From Law360: Monsanto Can't Avoid Vt. Schools' Nuisance Claims Over PCBs<https://www.law360.com/environmental/articles/1884336/monsanto-can-t-avoid-vt-schools-nuisance-claims-over-pcbs> A Vermont federal judge has refused to dismiss nuisance and trespass claims by public school districts asserting their buildings were contaminated with a toxic chemical made by Monsanto Co., finding they plausibly alleged Monsanto knew the products would make their way onto the properties yet chose not to warn the districts. Water Firm Can't End Flint Children's Negligence Claims<https://www.law360.com/environmental/articles/1884865/water-firm-can-t-end-flint-children-s-negligence-claims> The federal judge presiding over Flint, Michigan, water crisis litigation again ruled on Tuesday that an engineering firm won't be able to avoid professional negligence claims related to its consulting work with the city, issuing the 70-page opinion days before jury selection for a bellwether trial begins. Industry, Utilities Take Aim At EPA's Drinking Water PFAS Rule<https://www.law360.com/articles/1887910/industry-utilities-take-aim-at-epa-s-drinking-water-pfas-rule> Water utility associations and chemical industry players asked the D.C. Circuit to strike down the U.S. Environmental Protection Agency's rule setting the first-ever limits for forever chemicals in the nation's drinking water. 'Gold Standard' PFAS Test Rejected In Tampax Class Suit<https://www.law360.com/articles/1890333/-gold-standard-pfas-test-rejected-in-tampax-class-suit-> A California federal judge on Tuesday rejected the reliability of a testing method described by a putative consumer class as the "gold standard" for detecting so-called forever chemicals, tossing for now claims that The Procter & Gamble Co. falsely advertised its "pure cotton" Tampax tampons. Useful Product Doctrine May Not Shield Against PFAS Liability<https://www.law360.com/articles/1889668/useful-product-doctrine-may-not-shield-against-pfas-liability> California Gov. Gavin Newsom's recent signing of two bills, A.B. 347 and A.B. 2515, both of which restrict per- and polyfluoroalkyl substances in certain products, may affect the application of the useful product doctrine and undermine its exemptions. Justices Question EPA's Authority For 'Vague' SF Water Permit<https://www.law360.com/articles/1890601> The U.S. Supreme Court during oral arguments on Wednesday appeared genuinely torn about what to make of San Francisco's challenge to a Clean Water Act permit issued by the U.S. Environmental Protection Agency, which the city argues is impermissibly vague and difficult to comply with. Judge Blasts Feds' 'Utter Failure' To Quantify Climate Impact<https://www.law360.com/articles/1891247/judge-blasts-feds-utter-failure-to-quantify-climate-impact> A Colorado federal judge has ruled the U.S. Army Corps of Engineers violated the Clean Water Act and other federal guidelines in approving a dredging permit for a Denver dam project, calling out the agency's "utter failure" to study the impacts of climate change and alternatives that would avoid impacting wetlands. Tribes, Enviro Orgs. Can Defend EPA In Pebble Mine Row<https://www.law360.com/articles/1889414/tribes-enviro-orgs-can-defend-epa-in-pebble-mine-row> A federal judge in Alaska has allowed a slew of environmental groups and Alaskan tribes to defend the U.S. Environmental Protection Agency's decision to block the planned creation of the controversial Pebble Mine, saying they made a convincing argument that intervention is warranted. 8th Circ. Won't Block EPA Power Plant Effluent Rule<https://www.law360.com/articles/1888987/8th-circ-won-t-block-epa-power-plant-effluent-rule> The Eighth Circuit rejected on Thursday efforts by nearly two dozen states, utility companies and trade groups to block the implementation of a U.S. Environmental Protection Agency rule setting new wastewater limitations for coal-fired power plants. From JD Supra: Did San Francisco Awaken the Ghost of the Chevron Doctrine? The Supreme Court Weighs In<https://www.jdsupra.com/legalnews/did-san-francisco-awaken-the-ghost-of-1036912/> During the first week of oral arguments of its new term, the U.S. Supreme Court heard City & County of San Francisco v. Environmental Protection Agency. (Audio of the roughly 90-minute proceedings can be found here<https://www.supremecourt.gov/oral_arguments/audio/2024/23-753>.) EPA Finalizes New Aquatic Life Water Quality Standards Guidelines for Ten PFAS<https://www.jdsupra.com/legalnews/epa-finalizes-new-aquatic-life-water-3310923/> The U.S. Environmental Protection Agency (EPA) published its final recommended aquatic life water quality criteria and benchmarks for two per- and polyfluoroalkyl substances (PFAS)—perfluorooctanoic acid (PFOA) and perfluorooctane sulfonate (PFOS)—under the Clean Water Act. EPA also published freshwater aquatic life benchmarks for eight additional PFAS. While non-binding, these recommendations serve as guidance for States and Tribes to set their own water quality standards to regulate their water bodies. Such actions could, in turn, result in new effluent and/or benchmark limitations for discharge permits. State and Federal PFAS Litigation – 2019 to Q3 2024<https://www.jdsupra.com/legalnews/state-and-federal-pfas-litigation-2019-6878015/> PFAS-related litigation continues to climb and to diversify as to claims and parties. See the attached graphics, updated through the third quarter of 2024. We will continue to update these graphics on a quarterly basis. From National Law Review: EPA Will Add PFAS Subject to TRI Reporting to List of Chemicals of Special Concern<https://natlawreview.com/article/epa-will-add-pfas-subject-tri-reporting-list-chemicals-special-concern#google_vignette> The U.S. Environmental Protection Agency (EPA) announced on October 20, 2023, the release of a final rule that is intended to improve reporting on per- and polyfluoroalkyl substances (PFAS) to the Toxics Release Inventory (TRI) by eliminating an exemption that allowed facilities to avoid reporting information on PFAS when those chemicals were used in small concentrations. Wendy Wang Partner wendy.wang@bbklaw.com T: (213) 787-2554 bbklaw.com|