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    Surge in PFAS Litigation Raises Bankruptcy Fears Among Downstream Users of PFAS
    2023-11-13

    As the EPA nears finalizing recently proposed environmental regulations related to per- and polyfluoroalky substances (“PFAS”), corporate America waits with bated breath.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Product Regulation & Liability, Taft Stettinius & Hollister LLP, Supply chain, US Environmental Protection Agency, US Consumer Product Safety Commission
    Authors:
    William Sweet
    Location:
    USA
    Firm:
    Taft Stettinius & Hollister LLP
    3M tried to resolve its PFAS liability to water suppliers for $12.5 BILLION and almost 1/2 the States (including MA) are objecting. What's next?
    2023-07-27

    In May I wrote about a manufacturer of Aqueous Film Forming Foam (AFFF) excused from the PFAS Multi-District Litigation in South Carolina because its PFAS-related liabilities might exceed its assets which is something for a Federal Bankruptcy Court to sort out.  At the time I worried that this was only one of many PFAS-related bankruptcies we would be seeing

    Filed under:
    USA, Environment & Climate Change, Insolvency & Restructuring, Litigation, Mintz, US Environmental Protection Agency, US Congress
    Authors:
    Jeffrey R. Porter
    Location:
    USA
    Firm:
    Mintz
    Surprising no one, those pursued to pay for PFAS contamination are buckling under the weight of those claims. What's next?
    2023-05-17

    Hundreds and hundreds of claims for personal injury and property damage associated with PFAS contamination have been accumulating in the courtroom of a Federal Judge in South Carolina. A little over four years ago the Federal Judicial Panel on Multidistrict Litigation determined that Federal claims that Aqueous Film-Forming Foams (AFFF) containing PFAS used to fight fires had contaminated drinking water had enough in common that they should all be sent to Federal Judge Gergel in South Carolina for disposition.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Mintz, US Environmental Protection Agency, US Congress
    Authors:
    Jeffrey R. Porter
    Location:
    USA
    Firm:
    Mintz
    Federal Agencies Issue Request for Information on the Regulation of Biotechnology
    2022-12-23

    On December 20, 2022, the Office of Science and Technology Policy (OSTP) issued a notice of request for information (RFI) on the regulation of biotechnology on behalf of the U.S. Food and Drug Administration (FDA), the U.S. Environmental Protection Agency (EPA), and the U.S. Department of Agriculture (USDA).

    Filed under:
    USA, Healthcare & Life Sciences, Insolvency & Restructuring, Covington & Burling LLP, Biotechnology, US Food and Drug Administration, US Environmental Protection Agency, US Department of Agriculture
    Authors:
    Deepti Kulkarni , Jessica P. O'Connell , Thomas Brugato , Brian P. Sylvester , Alicia Lee
    Location:
    USA
    Firm:
    Covington & Burling LLP
    Debtors and dumping: lessons for Insolvency Practitioners and environmental litigators
    2022-10-06

    On 5 October 2022 a judgment was handed down by the Supreme Court in the case of BTI 2014 LLC v Sequana SA (Sequana) and others.This judgment relates to an insolvency dispute between BTI, the assignee of AWA’s claims, and Sequana. Principally, it concerns which entity should make the payment for an outstanding liability incurred by AWA, arising out of the National Cash Register Company’s (NCR) pollution of the Fox River in Wisconsin. Through a series of restructurings, AWA became liable to indemnify British American Tobacco (BAT) for these costs.

    Filed under:
    USA, Environment & Climate Change, Insolvency & Restructuring, Litigation, Hausfeld LLP, Insolvency, US Environmental Protection Agency, Supreme Court of the United States, UK Supreme Court
    Authors:
    Sarah Moore
    Location:
    USA
    Firm:
    Hausfeld LLP
    Recent Developments at the Intersection of Bankruptcy and Environmental Law
    2022-08-08

    Retired U.S. Bankruptcy Judge Robert E. Gerber once observed that “issues as to the interplay between environmental law and bankruptcy are among the thorniest on the litigation map.” Difficulties navigating this interplay largely stem from the inherent conflict between the goals of bankruptcy and environmental laws, with the former aimed at providing debtors with a fresh start, while the latter cast a broad net to hold parties (even some innocent parties) responsible for past harm to the environment.

    Filed under:
    USA, Environment & Climate Change, Insolvency & Restructuring, Litigation, Weil Gotshal & Manges LLP, Supply chain, Mediation, US Environmental Protection Agency, US Congress, Supreme Court of the United States
    Authors:
    Thomas D. Goslin
    Location:
    USA
    Firm:
    Weil Gotshal & Manges LLP
    Limetree Court Denies Stay Pending Appeal of Order Approving 363 Sale
    2022-01-19

    A recent order from the United States Bankruptcy Court for the Southern District of Texas (the “Court”) allowed a debtor to reopen a completed auction based on a significantly more attractive, but untimely, bid. The late bid was approximately three times the cash consideration of the previously declared winning bid, and also provided for the additional containment of potential environmental risks. The decision is being appealed to the United States District Court for the Southern District of Texas (the “District Court”).

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Bracewell LLP, Bankruptcy, US Environmental Protection Agency
    Authors:
    Robert Grattan , Mark E. Dendinger , Jason G. Cohen , Jonathan Lozano
    Location:
    USA
    Firm:
    Bracewell LLP
    Australia: Missing Linc - Queensland Court of Appeal rules environmental protection order ineffective after liquidators’ disclaimer
    2018-03-13

    The Queensland Court of Appeal has unanimously allowed an appeal by the liquidators of Linc Energy Limited (Linc Energy), holding it was possible to use a disclaimer notice to avoid the consequences of an environmental protection order (EPO) issued under the Environmental Protection Act 1994 (Qld) (EPA).

    Filed under:
    Australia, Queensland, Environment & Climate Change, Insolvency & Restructuring, Litigation, Baker McKenzie, Liquidation, US Environmental Protection Agency, Corporations Act 2001 (Australia), Queensland Supreme Court
    Authors:
    David Walter , Ian Innes
    Location:
    Australia
    Firm:
    Baker McKenzie
    Liquidators’ disclaimer power not fail-safe
    2017-05-12

    This week’s TGIF considers Linc Energy Ltd (in Liq) v Chief Executive Dept of Environment & Heritage Protection [2017] QSC 53, in which the Queensland Supreme Court directed that the liquidators of Linc Energy were not justified in causing it to fail to comply with an environmental protection order

    BACKGROUND

    Filed under:
    Australia, Environment & Climate Change, Insolvency & Restructuring, Litigation, Corrs Chambers Westgarth, Environmental protection, Interest, Liability (financial accounting), Liquidator (law), US Environmental Protection Agency, Corporations Act 2001 (Australia), Environmental Protection Act 1990 (UK), Queensland Supreme Court
    Authors:
    David Abernethy , Kirsty Sutherland , Mark Wilks , Matthew Critchley , Sam Delaney , Estelle Blewett , Michelle Dean
    Location:
    Australia
    Firm:
    Corrs Chambers Westgarth
    Her Majesty the Queen in Right of the Province of Newfoundland and Labrador v. Abitibibowater Inc., et al.
    2010-12-20

    SCC Docket No. 33797, Leave granted 25 November 2010

    Bankruptcy and Insolvency—Companies' Creditors Arrangements Act—Provincial Obligations

    On November 25, 2010, the Supreme Court of Canada granted leave to appeal in Her Majesty the Queen in Right of the Province of Newfoundland and Labrador v. Abitibibowater Inc., et al.

    Filed under:
    Canada, Insolvency & Restructuring, Litigation, WeirFoulds LLP, Bankruptcy, Environmental protection, US Environmental Protection Agency, Companies' Creditors Arrangement Act 1933 (Canada), Supreme Court of Canada, Quebec Superior Court, Quebec Court of Appeal
    Authors:
    Mandy L. Seidenberg
    Location:
    Canada
    Firm:
    WeirFoulds LLP

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