Case Updates
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
- U.S. Chamber Coalition Amicus Brief -- New Mexico ex rel. Banderas v. Sterigenics US, LLC (New Mexico District Court).pdf
- Order Granting Preliminary Injunction -- New Mexico ex rel. Banderas v. Sterigenics US, LLC (New Mexico District Court).pdf