Ethylene Oxide Emissions Class Actions: Challenging or Defending Risk Assessment Testing Methodologies

Environmental and energy practice team co-leader and partner Max Kelln joined a CLE panel to discuss strategies related to ethylene oxide (EtO) risk assessment testing methodologies, often relied on in class actions seeking medical monitoring for an increased risk of developing cancer, and the best use of expert testimony in these cases.

The Environmental Protection Agency recently lowered its acceptable ambient EtO exposure levels, a decision that has faced criticism from industry experts, the scientific community and state agencies. The change has instigated numerous class action and personal injury lawsuits related to EtO, and the panel discussed best practices for evaluating risk and testing methodologies in relation to these lawsuits.