Photo of Libretta Stennes

Libby Stennes has over 25 years of experience litigating high profile toxic tort, mass tort, and products liability matters, including groundbreaking cases shaping trends in class actions and emerging contaminants. Her cases often involve health and safety issues facing global scrutiny, bans, or recalls in highly regulated industries such as chemical manufacturing, pharmaceutical and medical device, agribusiness, and infant products. Libby has substantial experience in corporate crisis management for matters involving reputational threats, market exit, supply chain disruption, catastrophic accidents, widespread contamination, and chemical exposure safety.

Libby is among the first toxic tort litigators in the country to address PFAS claims and has been involved in all aspects of litigation defense and policy development. She negotiated a groundbreaking complex settlement agreement and oversaw all aspects of implementation of water treatment, community health studies, and a medical monitoring program. She has defended multiple environmental litigations, building complex expert defense to defeat class claims and obtain summary judgment. Her PFAS practice extends beyond litigation, as she is often sought out to counsel clients with regulatory, compliance, or due diligence needs.

On Aug. 3, 2020, a split Fifth Circuit plunged federal aquaculture regulation into murky waters. The United States is a minor aquaculture producer, ranked 17th in 2017 on a global
Continue Reading The National Marine Fisheries Service is Angling to Regulate Aquaculture; the Fifth Circuit Won’t Bite

On November 4, 2019, the U.S. Environmental Protection Agency (the “EPA”) proposed to amend the 2015 coal combustion residuals (“CCR”) rule. The proposal is part of a multi-step effort by
Continue Reading Is the Clock Ticking on Coal Ash?: Key Deadlines and Takeaways from EPA’s Recent CCR Rule Revisions

On Sept. 25, Minnesota Gov. Tim Walz asked the Minnesota Pollution Control Agency (MPCA) to initiate the process to establish a Clean Cars Minnesota Rule, which would set both a low-emission vehicle (LEV) standard and a zero-emission vehicle (ZEV) standard. Next month, the MPCA will begin its rulemaking process, with a goal of adopting a final rule by December 2020. If implemented, Minnesota would join 14 states with an LEV standard, 11 of which also have a ZEV standard.

The Minnesota plan is modeled after California LEV and ZEV standards. California has a nearly 50-year-old waiver under the Clean Air Act permitting the state to set stricter emission standards. After indications that the federal government would publish a rule revoking the waiver, California, joined by 22 other states, including Minnesota, and the District of Columbia filed a lawsuit seeking to enforce states’ rights to set emission standards more stringent than those imposed by the federal government. The lawsuit presents novel questions under the Clean Air Act including whether a waiver can be revoked, and if so, under what circumstances. Any final rule in Minnesota will be contingent on states retaining the right to adopt more restrictive measures, including through the operative waiver under Sections 209(b) and 177 of the Clean Air Act.   
Continue Reading In Minnesota, More Little Red Corvettes May Soon be Electric