New Mexico District Court

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In tort lawsuit raising public nuisance and other claims, New Mexico trial court issues preliminary injunction imposing new requirements on ethylene oxide emissions by medical product sterilization facility

June 29, 2021

Click here to view the order granting preliminary injunction.

U.S. Chamber files coalition amicus brief

June 04, 2021

The U.S. Chamber filed a coalition amicus brief urging the trial court to exercise its discretion, under the doctrine of primary jurisdiction, to dismiss or stay a tort lawsuit that would impose new requirements on ethylene oxide emissions by a medical product sterilization facility. The facility is already subject to comprehensive regulations and permit requirements developed by expert agencies such as the EPA and the New Mexico Environment Department. Dalva L. Moellenberg of Gallagher & Kennedy, P.A., Douglas A. Henderson of King & Spalding LLP, and the U.S. Chamber’s Litigation Center served as co-counsel for the U.S. Chamber.

Case Documents