From Marc Davies of GT Philadelphia:

In its June 2, 2010, Toxicological Review of Formaldehyde Inhalation Assessment, EPA indicated that formaldehyde is a known human carcinogen.  The publicity associated with this assessment has already caught the attention of toxic tort lawyers who believe that formaldehyde exposure cases could arise in the same manner, and with the same proclivity, as benzene litigation.

Formaldehyde, similar to benzene, presents an indoor air issue because of its use in so many applications that we take for granted.  Think "new carpet" or "new car" smell.  Now substitute "formaldehyde" for "new" and the breadth of potential litigation against a wide array of manufacturers and service providers becomes apparent.

Formaldehyde may also become an additional thorn in the side of heavy industry seeking to renew Title V permits under the Clean Air Act for ambient air pollutants.  42 U.S.C. §§ 7661 et seq.; 40 C.F.R. Parts 70-71.  Many combustion sources have formaldehyde emissions, such as compressor stations.  Previous experience litigating over the treatment of formaldehyde emissions in Title V permits reveals limited information or experience with technologies or other methods to test for, or ultimately reduce, formaldehyde emissions.  EPA’s recent assessment now threatens to turn up the heat on formaldehyde.  Industry may not like this "new car smell."

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Photo of Caleb Holmes Caleb Holmes

Caleb’s practice focuses on complex environmental litigation and environmental compliance. Caleb has represented clients in state and federal courts and in administrative proceedings. In his environmental litigation practice, Caleb often represents corporate clients in cost recovery, contribution and government enforcement actions under Comprehensive

Caleb’s practice focuses on complex environmental litigation and environmental compliance. Caleb has represented clients in state and federal courts and in administrative proceedings. In his environmental litigation practice, Caleb often represents corporate clients in cost recovery, contribution and government enforcement actions under Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA). Caleb has litigated such matters through trial and has also helped clients negotiate and settle matters. He has worked with clients on cases involving a wide variety of contaminants, including but not limited to PCBs, PFAS, and dioxins. Caleb also has broad experience litigating complex commercial litigation, including products liability and mass tort/toxic tort matters. He has a depth of experience with all aspects of discovery, including work with experts, taking and defending depositions, motion practice, trial preparation and settlement negotiation.

Caleb provides practical advice to clients in the acquisition and disposition of businesses and assets and the re-development of brownfield sites. He works with clients to achieve compliance with state-specific voluntary cleanup programs, including Pennsylvania’s Land Recycling Program (Act 2).

Caleb counsels clients on compliance with a broad range of federal and state environmental laws, including RCRA, the Clean Air Act, the Clean Water Act, and a host of other federal and state environmental laws.

In addition to his legal work, Caleb is active in various professional and civic organizations. He is currently serving as the Council’s Secretary for the Pennsylvania Bar Association’s Environmental and Energy Law Section.