Environmental Toxic Torts Blog : Colorado Toxic Torts Lawyer & Attorney : Davis Graham & Stubbs Law Firm : Environmental Torts, Property Damage, Class Action

It continues to be difficult to predict the outcome of motions to certify classes in toxic tort cases. In a recent medical monitoring case in West Virginia, Rhodes v. E.I. du Pont de Nemours & Co.,     F.R.D.     , 2008 WL 4414720 (S.D. W. Va. September 30, 2008), the plaintiffs patterned their certification motion on a medical monitoring class settlement involving the same defendant, the same chemical (perfluorooctanoic acid or PFOA or C-8), and similar exposure levels. However, the court refused to certify the class.

See Continue Reading for more detail.

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 Last month, EPA reached a “preliminary determination” not to regulate perchlorate in drinking water. Unless EPA changes its position, there will be no national primary drinking water regulation or Maximum Contaminant Level (“MCL”) established for perchlorate. Perchlorate is frequently discovered in soil and water. It is also increasingly the subject of toxic tort litigation. The absence of a clear national standard like an MCL to define “injury” is an element of uncertainty in a toxic tort case and increases the litigation risk for both plaintiffs and defendants. 

See Continue Reading for: why is perchlorate important; what are perchlorate sources; and why is the lack of a perchlorate MCL important.

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