John R. Ewell was quoted in the article “Litigation likely to flow from EPA’s latest ‘forever chemicals’ regulation” by Business Insurance. The article discusses the U.S. Environmental Protection Agency’s recent establishment of safe levels of so-called forever chemicals in drinking water. This will likely lead to litigation between organizations and their insurers to potentially recover costs for updating municipal water supplies. “Although commercial general liability policies routinely exclude pollution claims, some jurisdictions restrict the application of pollution exclusions to traditional environmental pollution. Whether there has been a ‘discharge, dispersal, release or escape’ of PFAS will be litigated. This question in particular will be germane in suits against manufacturers using PFAS in their products,” John says.
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