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Environmental Protection Agency (EPA) Environmental Litigation

Foley Hoag LLP - Environmental Law

We’re From the Government and We’re Here to Help You; NPDES Permit Flexibility Edition

Inside EPA (subscription required) reported this week that a group of Democratic state attorneys general have filed an amicus brief supporting EPA’s appeal of a 9th Circuit Court of Appeals decision holding that EPA had...more

Fox Rothschild LLP

State and Federal PFAS Litigation – 2019 to Q2 2024

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PFAS-related litigation continues to climb and to diversify as to claims and parties. See the attached graphics, updated through the third quarter of 2023. We will continue to update these graphics on a quarterly basis....more

Perkins Coie

SCOTUS To Review the Scope of Agencies’ NEPA Review

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The Supreme Court of the United States announced on June 24, 2024, that it will review a case that could have major ramifications for the development of U.S. infrastructure projects. In Seven County Infrastructure Coalition...more

Dechert LLP

Dechert Re:Torts - Issue 17

Dechert LLP on

Are Litigation Funders the Truest Parties in Interest? In the April 2023 issue of Re:Torts we covered a dispute that arose in In re Broiler Chicken Antitrust Litigation between third-party litigation funder Burford...more

Husch Blackwell LLP

A First-Class Ticket to Federal Court?

Husch Blackwell LLP on

Michigan Grapples With Airport Authority Over Application of Federal Officer Removal Statute in PFAS Litigation For the last several months, the Gerald R. Ford International Airport Authority (Airport) in Grand Rapids,...more

ArentFox Schiff

PFAS Litigation: BIC Sued Over ‘Forever Chemicals’ in Razors

ArentFox Schiff on

On May 15, BIC USA Inc. was hit with a proposed class action in California federal court concerning allegations that some of its razors contain per- and polyfluoralkyl substances (PFAS), sometimes referred to as “forever...more

ArentFox Schiff

Prime Time for Prime Hydration: YouTubers Clash With PFAS Regulations

ArentFox Schiff on

Per- and polyfluoroalkyl substances (PFAS) have been a major issue across industries including cosmetics and personal care products, furniture, clothing, and food and beverages. PFAS, commonly referred to as “forever...more

Adams and Reese LLP

EPA Greenlights Greenhouse Gas Emissions for Heavy-Duty Vehicles, But States File Lawsuit

Adams and Reese LLP on

Less than a month after the Environmental Protection Agency (EPA) published environmental operational standards and greenhouse gas emission regulations for owners and operators of heavy-duty vehicles, including major freight...more

Bradley Arant Boult Cummings LLP

Environmental Liability in Bankruptcy: The Comprehensive Environmental Response, Compensation, and Liability Act Perspective

In general, environmental law seeks to protect public health and the environment by providing for liability, compensation, cleanup, and emergency response to the release or disposal of hazardous substances. And more...more

Jenner & Block

Federal Preemption as a Vehicle to Supreme Court Review of Climate Change Cases

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On February 20, 2024, the City of Chicago sued defendant fossil fuel companies in Illinois state court, asserting state law claims, including nuisance, violations of consumer protection laws, and products liability. Chicago...more

Maron Marvel

PFAS Enforcement Discretion and Settlement Policy Under CERCLA

Maron Marvel on

On April 17, 2024, the EPA signed a final rule to designate PFOA and PFOS as hazardous substances under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), also known as Superfund. The...more

Verrill

The Plastics Problem In Massachusetts Part II: Plastic Bags

Verrill on

In my October 2023 blog post about  “The Plastics Problem in Massachusetts,”  I noted that environmental and some mainstream groups have been attacking traditional recycling of plastics in an effort to stop the manufacture of...more

Jenner & Block

Earth Week 2024—Planet Versus Plastic—The Final Round—The Courts’ Referee Role

Jenner & Block on

As we wrap up our week-long celebration of Earth Day with insightful articles focusing on various aspects of plastic pollution, this final article focuses on how the courts are being asked to step into ring and referee the...more

Jenner & Block

Earth Week 2024, Round Two – Inhance Technologies LLC v. USEPA

Jenner & Block on

As our Earth Week blogging event continues with our theme of Planet versus Plastics, today we will cover the U.S. Court of Appeals for the Fifth Circuit’s recent decision in Inhance Technologies, L.L.C. v. U.S. Environmental...more

Perkins Coie

Two PFAS Designated as CERCLA Hazardous Substances

Perkins Coie on

The U.S. Environmental Protection Agency (EPA) announced a Final Rule on April 19, 2024, designating two of the most common per- and polyfluoroalkyl substances (PFAS)—PFOA and PFOS, including their salts and structural...more

Eversheds Sutherland (US) LLP

In long-awaited move, EPA designates two PFAS as hazardous substances and issues PFAS enforcement policy

Capping a flurry of recent activity concerning per- and polyfluoroalkyl substances (PFAS), US EPA on April 19, 2024 designated two PFAS as hazardous substances. Designations of other PFAS are likely to follow. The same day,...more

Kelley Drye & Warren LLP

[Hybrid Event] PFAS Update Seminar - Sweeping PFAS Cleanup Liability on the Horizon - May 7th, Washington, DC

Join Kelley Drye for a seminar on the latest regulatory developments that are likely to usher in expansive new liability for the release and remediation of some of the most widely utilized per- and polyfluoroalkyl substances...more

Foley Hoag LLP - Environmental Law

The D.C. Circuit Affirms EPA’s Reinstatement of California’s Authority to Set Auto Emissions Limits; Don’t Get Too Excited About...

On Tuesday, in Ohio v. EPA, the D.C. Circuit Court of Appeals denied several challenges to EPA’s decision to restore California’s authority under § 209(b) of the Clean Air Act to regulate emissions from motor vehicles. It’s...more

Foley Hoag LLP - Environmental Law

Superfund Is Short of Money. Can It Be Fixed By Tinkering Around the Edges?

This week, Inside EPA (subscription required) ran a story indicating that EPA is trying to figure out how to juggle some increasingly expensive cleanups with shortfalls in Superfund tax revenue. The story notes that EPA is...more

Skadden, Arps, Slate, Meagher & Flom LLP

Three Unfolding Cases Could Shape Future Energy Litigation, and Perhaps Business Practices

A stream of judicial decisions in the pipeline will have important implications for the energy industry. The three cases discussed below are among those that energy litigators and industry professionals are watching in 2024....more

Jones Day

Young Americans See Promising Path for Future Climate Litigation

Jones Day on

For half a century, young people in the United States have played an active role in ongoing efforts to address climate change. Moving into 2024, young climate litigants find themselves in a promising position: They recently...more

Foley Hoag LLP - Environmental Law

The D.C. Circuit Vacates Most of EPA’s SSM SIP Call; Generators Breath a Sigh of Relief

Earlier this month, the District of Columbia Court of Appeals vacated most of EPA’s startup, shutdown, and malfunction SIP Call. The Court’s rationale boils down to EPA’s failure to make a predicate finding that the SIP call...more

King & Spalding

Key Recent Developments In Environmental Justice Litigation

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Louisiana remains at the forefront of environmental justice activity. In just four days from January 19 to January 23, 2024, two courts in Louisiana offered interpretations to environmental justice efforts in the State of...more

Goldberg Segalla

Motion for Final Approval of DuPont Class Settlement Granted

Goldberg Segalla on

Background - An MDL was formed in South Carolina in 2018 to litigate allegations of PFAS contamination from the use of specific PFAS-containing Aqueous Film-Forming Foam (AFFF MDL). In the past year, two defendants —...more

Foley Hoag LLP - Environmental Law

EPA Lowers the PM2.5 NAAQS: Goldilocks Can Sleep Soundly

On February 7, 2024, EPA finalized a rule lowering the primary annual National Ambient Air Quality Standard for PM2.5 to 9.00 ug/m3.  This is a significant reduction from the current 12.00 ug/m3 standard and a victory for...more

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