Lead Exposure Claims: Proactive Strategies for Effective Resolution
DynCorp's 'Strategic' Defense In Drug Crop Spraying Suit
ESG-related enforcement remains a top priority and focus for Australia's corporate regulators. Since our last update, there has been a steady stream of enforcement activity aimed at climate-related representations and...more
In this week’s edition, we discuss the UK’s advertising regulator’s continued focus on greenwashing enforcement – this time, in relation to Virgin Atlantic and its use of sustainable aviation fuel. We also discuss the latest...more
The annual release of projections for how long the Social Security trust funds will be able to pay the amounts earned by beneficiaries shows that the gap has grown between what retirees are scheduled to receive and what...more
The Australian Federal Minister for the Environment and Water has tabled proposed laws before the Australian Parliament to establish new national environmental agencies, enhance their enforcement powers and establish the...more
The Situation: The UK Competition and Markets Authority ("CMA") recently secured undertakings from fashion brands ASOS, Boohoo, and George at Asda to address allegedly misleading environmental claims. The CMA has also...more
Australia continues to be a highly active jurisdiction for climate-related lawsuits. Since our last update in August 2023, we have seen a steady stream of suits commenced against corporations and government bodies in relation...more
On May 9, 2023, Greenpeace, fellow climate change activist group ReCommon and 12 Italian citizens from regions affected by impacts of climate change announced their intention to file a first-of-its-kind lawsuit in Italy...more
On February 10, the UK’s advertising regulator, the Advertising Standards Authority (ASA), announced the publication of updated guidance for advertisers making environmental sustainability-related claims to consumers,...more
The Alberta Court of Queen’s Bench (the “Court”) has added to the relatively sparse case law on whether an extension to a limitation period will be granted under section 218 of the Environmental Protection and Enhancement...more
Abstract - Determining the amount of restoration needed to compensate the public for injury to natural resources is central to estimating natural resource damages (NRDs). Formal restoration scaling methods have not...more
Climate change litigation has become a global phenomenon, as scientists, agencies, and the general public increasingly associate wildfires, droughts, flooding, hurricanes, heat waves and other events with changing climate. ...more
Environmental justice moved to the forefront of sociopolitical discussions in the country in 2020, receiving increased attention from politicians, community groups, and environmental agencies. Although this concept is not...more
The Facts In April 2020, a climate action group called Bushfire Survivors for Climate Action Incorporated ("BSCA") filed civil enforcement proceedings against the EPA in the NSW Land and Environment Court....more
In Plaquemines Parish et al. v. Chevron et al., the U. S. Fifth Circuit has ruled on whether 42 suits brought by six parishes and the Louisiana Attorney General against a number of oil companies belongs in federal court or...more
On March 10, 2021, the United States Court of Appeals for the Fifth Circuit upheld a biological opinion (BiOp) and incidental take statement (ITS) issued by the U.S. Fish and Wildlife Service (Service) in connection with a...more
This is a continuing series of posts on the latest environmental and legal developments affecting oil and gas operations and development and other industries in Los Angeles and adjacent counties, as well as the southern San...more
On September 18, 2020, New Jersey Governor Phil Murphy signed Senate Bill 232 into law requiring the New Jersey Department of Environmental Protection (NJDEP) “to evaluate the environmental and public health impacts of...more
A pair of non-profit organizations recently served a 60-day notice of intent (Notice) to file a citizen suit against Hilton Hotels, Bahia Mar Resorts, and the Suntex Marinas (collectively, the Resorts) under section 9 of the...more
Is federalism alive and well? Has the federal government decided to give up “piling on” and “overfiling” in environmental enforcement actions? It seems so. On July 27, 2020, in an effort to promote federalism, U.S. Department...more
In SEQRA litigation, there is an oft-quoted proposition that the Lead Agency may not abdicate or defer its responsibilities under SEQRA to another agency. See Riverkeeper, Inc. v. Planning Bd. of Town of Se., 9 N.Y.3d 219,...more
Environmental-contamination claims present tricky issues for debtors seeking a fresh start through bankruptcy, as well as for creditors and purchasers of distressed assets. Difficult issues emerge in the context of when...more
In Schmidt v. City of Buffalo Planning Bd., 174 A.D.3d 1413 (4th Dept., July 31, 2019), the petitioner, Terrence Robinson, filed suit to prevent the demolition of an architecturally significant apartment complex, claiming...more
Grocery shoppers used to make the final decision of their supermarket trip in the checkout line. Reaching for boxes of cereal, cartons of eggs, and jars of jam in their rolling metal carts, placing those items onto...more
Welcome to our Environmental Legislative Updates. Throughout Connecticut’s legislative session, these updates highlight developments concerning environmental law and policy. ...more
Perfluoroalkyl and polyfluoroalkyl substances (PFAS), a group of manmade chemicals that have been used in various manufacturing processes throughout the past century, have made headlines around the country due to emerging...more