PFAS

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The Supreme Court of New Hampshire declined to recognize medical monitoring as a remedy or cause of action for plaintiffs who claim exposure to toxic substances. The court based its reasoning on New Hampshire common law and public policy, explaining that an increased risk of injury is insufficient to state a claim for medical monitoring as a remedy or cause of action. See Brown v. Saint-Gobain Performance Plastics Corp., No. 2022-0132, 2023 WL 2577257 (N.H. Mar. 21, 2023).

On October 18, 2021, the U.S. Environmental Protection Agency (“EPA”) issued its highly anticipated PFAS Strategic Roadmap: EPA’s Commitments to Action 2021-2024, setting forth a three-year multi-agency strategy to address per- and polyfluoroalkyl substances (“PFAS”). The plan outlines actions that will fundamentally alter the administrative landscape around PFAS.