News & Analysis as of

Settlement Environmental Litigation

Mintz

State of Hawaii Enters into Climate Change Settlement With Youth Plaintiffs

Mintz on

On June 24, the State of Hawaii entered into a settlement agreement with a group of thirteen plaintiffs, all minor children, concerning the impact of climate change and the efforts the State of Hawaii would make to reduce its...more

ArentFox Schiff

ESG Update: Hawaii State Agency Settles Youth Climate Case

ArentFox Schiff on

Governments are increasingly discussing climate change, including resilience to climate impacts and how to promote the energy transition. Less common are governmental commitments to take concrete steps to address climate...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

Mintz

Sunshine may be among the best disinfectants but these PFAS defendants are fighting to keep their settlement with Rome, Georgia...

Mintz on

Supreme Court Justice Louis Brandeis famously exclaimed sunlight is said to be the best of disinfectants. Of course the Atlanta Journal-Constitution and the Rome News-Tribune endorse that proposition. And, the newspapers...more

Foley Hoag LLP - Environmental Law

Sometimes the Law Really Is Unambiguous — Clean Water Act Edition

Last week, the First Circuit Court of Appeals ruled that a person who enters into an administrative settlement with a state is immune from citizen suits seeking civil penalties, but not immune from suits for declaratory or...more

Snell & Wilmer

EPA Removes Obstacles to “Sue and Settle”

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In a memo to agency leadership sent earlier this month, EPA Administrator Michael Regan rescinded practices that were instituted by one of his Trump-era predecessors, Scott Pruitt, to eliminate what has been referred to by...more

Davis Wright Tremaine LLP

City of Portland to Devote Portion of $550 Million PCB Contamination Settlement to Environmental Equity

The City of Portland and the Port of Portland are among the governmental entities that recently filed a proposed $550 million settlement to resolve part of a nationwide class action lawsuit against Monsanto Company,...more

(ACOEL) | American College of Environmental...

Three Steps Back – DOJ Restrictions on Use of SEPs Are Misguided and Counter-Productive

The U.S. Department of Justice (DOJ) has taken three steps since June 2017 through August 2019 that severely limit the use of Supplemental Environmental Projects (SEPs) in civil environmental settlements. Those actions are...more

Jackson Walker

Three Important Memos Affecting EPA Enforcement Actions

Jackson Walker on

Three memos with potentially important implications for enforcement were recently issued—one by EPA and two by the U.S. Department of Justice (DOJ)....more

Spilman Thomas & Battle, PLLC

Currents - Energy Industry Insights - October 2017 #3

Department of Interior Rescinds OSM Enforcement Policies - On October 12, 2017, the Department of the Interior ("DOI") withdrew two prior Office of Surface Mining ("OSM") policies affecting mining operations. DOI rescinded...more

Nossaman LLP

New DOJ Policy Curbs Settlements Funding Third-Parties

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A recently-issued U.S. Department of Justice policy memorandum (“Policy Memo”) substantially narrows DOJ’s authority to approve settlements that include payments to or for the benefit of third-party non-governmental entities....more

Cole Schotz

Foes of the NJDEP $225 Million Settlement with Exxon Mobil Must File “Friend of the Court” Briefs Today

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After denying their motions to intervene last week (see our coverage here), Judge Hogan issued a Scheduling Order that sets today as the deadline for the eight environmental organizations and State Senator Lesniak (D-Union)...more

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