ECA Environmental & Product Liability Litigation Report

The Roux ECA team is pleased to introduce ECA’s Environmental & Product Liability Litigation Report, or ECA Blog, for our clients and other interested parties. The report will track emerging trends in environmental and mass tort litigation and provide information and commentary on tort and bankruptcy litigation rulings, legislation, state and federal environmental regulations, insurance coverage issues, and scientific and medical evidentiary matters.

Complimentary Published Article: Asbestos Trusts' Records Purge Threatens Claims Process

April 30, 2025
The long-running effort by government, asbestos tort defendants, and bankruptcy debtors to obtain a meaningful level of visibility into the multibillion-dollar asbestos bankruptcy trust compensation system, was challenged recently by announcements from 11 trusts. On January 15, these trusts filed notices updates to their record retention policies—including procedures for the destruction of legacy data and documents related to claims paid or otherwise resolved.
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Complimentary Published Article: Asbestos Trusts And Tort Litigation Are Still Not Aligned

August 12, 2025
For decades in asbestos litigation, personal injury law firms have been able to bring claims on behalf of their clients against two, independent compensation systems. The first is the tort system where public lawsuits are filed against dozens of corporate defendants and pursued in various state and federal courts across the country. The second is the asbestos bankruptcy trust system, which allows plaintiff attorneys to file claims against dozens of trusts on behalf of the same tort clients with little to no transparency or coordination with the parallel tort lawsuits.
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Company Preparation Needed for California’s New Climate Disclosure Laws

August 07, 2025
Authored by: Peter R. Kelso & Drew Howard, MEM The California Air Resource Board (CARB) announced recently that initial disclosures of greenhouse gas (GHG) emissions and climate risk financial reporting will begin in 2026. Following a public meeting in May,...
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Complimentary Published Article: Asbestos Trusts’ Records Purge Threatens Claims Process

April 30, 2025
The long-running effort by government, asbestos tort defendants, and bankruptcy debtors to obtain a meaningful level of visibility into the multibillion-dollar asbestos bankruptcy trust compensation system, was challenged recently by announcements from 11 trusts. On January 15, these trusts filed notices updates to their record retention policies—including procedures for the destruction of legacy data and documents related to claims paid or otherwise resolved.
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Drew Howard, MEM to Speak at Environmental & Energy Law Section 2025 Annual Legislative Forum

April 29, 2025
On Wednesday, May 7, from 11am-12:15pm, Roux's Drew Howard, MEM will take part in a panel discussion entitled "The End of the World As We Knew It: What is the Role for Government and Private Industry in How Insurance Markets Respond to Extreme Weather Events and A Changing Climate?"
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Palisades & Eaton Fires: Supporting Business Income Claim Evaluation & Resolution

January 22, 2025
Business Loss Claims Arising from the Palisades and Eaton Fires We understand the immense challenges that the Los Angeles area community is facing in the wake of the recent wildfires. The devastation has impacted lives, properties, and livelihoods, and our...
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How will the 2024 US Presidential Election Impact the Future of Environmental Regulation?

November 05, 2024
Over the past decade, the international community has become increasingly focused on the impact of climate change and measures to mitigate its effect on the world’s population and global environment. Countries from all over the world have entered climate accords...
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