Well-funded environmental activists and the plaintiffs’ bar are ramping up litigation against companies that have even remote connections to trace chemicals in the environment and perceived public health risks. The ability to detect compounds such as perfluorinated chemicals in minute concentrations and extremely protective standards have fueled tort claims even in the absence of damages, targeting products and facilities, drinking water, groundwater and nuisance odors. Citizen suits under the Clean Water Act, Clean Air Act, Resource Conservation and Recovery Act, and other environmental laws are a potent part of plaintiffs’ arsenal, often in combination with tort claims. In addition, communities are passing local ordinances relating to chemicals,products and waste management that raise significant issues regarding preemption and overreach. In-house and outside counsel who have led major environmental litigation will survey the litigation landscape and provide a primer on how business can prepare for and defeat these claims.CLE/CPD FOR THIS PRESENTATION IS ONLY AVAILABLE FOR:
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