Daubert decisions can be case-dispositive in complex cases. Accordingly, understanding how to discern and dismantle the foundations of expert testimony is a crucial skill for defense attorneys.  Using lessons learned from a recent Eleventh Circuit toxic-tort case, Williams v. Mosaic Fertilizer LLC, Greenberg Traurig attorneys David B. Weinstein, Christopher Torres, and Ryan T. Hopper share strategies for exposing unreliable expert opinions and turning them to defendants’ advantage. Read their article, Avoiding the Talismanic …

Imagine that you are environmental, health, and safety (“EHS”) counsel or general counsel for a company dealing with a natural disaster. The company’s facilities are only partially functional, employees have lost their homes, and business unit functionality has been severely disrupted. You find yourself managing the myriad demands of the federal, state, and local environmental agencies, the company’s employees, and the public. Amidst all this, the media reports that a criminal investigation is forthcoming due…

With today being World Oceans Day, the future of our oceans and the effects of sea level rise are on our mind. Greenberg Traurig’s Kerri L. Barsh, co-chair of the Environmental Practice, recently published an article in South Florida Legal Guide Monthly titled “Five Things That Business Owners Need to Know About Sea Level Rise.” In this article, Barsh discusses how business can prepare themselves for impacts that may be caused by rising seas, including:…

This week the U.S. Food and Drug Administration (FDA) confirmed it had conducted a study finding that certain types of per- and poly-fluoroalkyl substances (PFAS) have entered American food and drinking water supplies; however, “[c]urrent FDA testing has found that most foods have no or very low levels of PFAS.” The FDA’s efforts are ongoing and the FDA launched a new website to summarize its efforts concerning PFAS. PFAS are a group of chemicals, widely…

Does compliance with environmental regulations suffice to prove that an operation is safe? Maybe not, for purposes of land use approvals in Massachusetts. Last week, the Massachusetts Appeals Court decided Fish v. Accidental Autobody, Inc., No. 18-P-345 (Mass. App. Ct. May 24, 2019), an appeal from the grant of a “special permit” for an autobody shop with a paint spray booth in Hyannis. The top coats of the paint would contain isocyanates, toxic chemicals.…

Lawmakers in Congress have their sights set on increased regulation of PFAS (per- and polyfluoroalkyl substances). What are PFAS? PFAS are a class of widely used chemicals, some of which have been common since the 1940s. They are used in non-stick coatings, stain- and water-repellant fabrics, firefighting foam, and many other applications. Over the past twenty years, evidence has accumulated that some PFAS might pose health risks. PFAS are widely dispersed in the environment, including…

Fifteen years ago, Pennsylvania adopted its alternative energy portfolio standard (AEPS), setting modest goals for investor-owned utilities and retail suppliers to include renewable power sources in their power supply mix. The goals are so modest—just 18% renewables by 2020 to 2021 (compared, for example, to neighboring Maryland’s goal of 25% by 2020 and New Jersey’s goal of 50% by 2030)—that it seems Pennsylvania utilities may have little trouble meeting the AEPS standard. But in Pennsylvania and…