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Dec 14, 2016

EPA Proposes Ban of TCE for Dry Cleaning Uses

Dry Cleaning Facility

Relying on its new authority under the Toxic Substances Control Act (TSCA), which was amended in summer 2016, EPA announced a proposed rule on December 7, 2016, which would ban trichloroethylene (TCE) from use as a degreaser and spot removal agent in dry-cleaning operations. The proposed rule marks the first exercise of EPA’s new authority to restrict the use of an existing chemical under TSCA. The proposed rule is based on a 2014 EPA risk assessment which found significant health risks for workers and consumers relating to the use of TCE in dry cleaning. The proposed rule would prohibit the… Read more


Jun 13, 2013

Federal Appeals Court Finds Expert Testimony Improperly Excluded in Toxic Tort Suit

Dealing a major setback to defendants in a toxic chemical exposure lawsuit, the U.S. Court of Appeals for the Ninth Circuit recently held that the testimony of three expert witnesses for the plaintiffs was improperly excluded and that summary judgment for defendants was improperly granted.  (Whitlock v. Pepsi Americas, 9th Cir., No. 11-16958, 5/16/2013) In an unpublished opinion, the Ninth Circuit Court of Appeals recently addressed whether plaintiffs’ three experts, a chemist, a toxicologist and a physician, offered exposure and causation testimony to support the plaintiffs’ injury claims which was sufficiently reliable under federal evidence rules.  The claims at issue… Read more