On May 12, 2025, EPA announced that it will again revise the reporting timeline for manufacturers of per- and polyfluoroalkyl substances (PFAS) under Section 8(a)(7) of the Toxic Substances Control Act (TSCA). The data...more
Even as the Trump administration moves to block state and local climate liability efforts, states and municipalities continue to advance lawsuits seeking to hold fossil fuel companies liable for harms associated with climate...more
5/15/2025
/ Climate Change ,
Constitutional Challenges ,
Department of Justice (DOJ) ,
Energy Policy ,
Energy Sector ,
Environmental Litigation ,
Executive Orders ,
Fossil Fuel ,
Greenwashing ,
Oil & Gas ,
State and Local Government ,
Trump Administration
While the Trump administration’s PFAS policy framework is beginning to take shape, uncertainties remain across the regulatory, litigation and legislative fronts. On April 28, EPA Administrator Lee Zeldin announced a set of...more
The U.S. Department of Justice (DOJ) has filed a series of federal lawsuits against four states—New York, Vermont, Michigan and Hawaii—alleging that recent legislative and enforcement efforts to hold fossil fuel companies...more
5/9/2025
/ Clean Air Act ,
Climate Change ,
Commerce Clause ,
Constitutional Challenges ,
Department of Justice (DOJ) ,
Environmental Litigation ,
Executive Orders ,
Fossil Fuel ,
Greenhouse Gas Emissions ,
State and Local Government ,
Trump Administration
Continuing with the Trump administration’s deregulatory agenda, the White House issued a Presidential Memorandum on April 9 titled Directing the Appeal of Unlawful Regulations. It instructs executive agencies to repeal...more
On April 8, 2025, President Trump issued Executive Order 14260, Protecting American Energy From State Overreach. Framed as part of the Administration’s broader strategy of unleashing American energy, the Order directs...more
4/18/2025
/ Climate Change ,
Constitutional Challenges ,
Department of Justice (DOJ) ,
Energy Policy ,
Energy Sector ,
Enforcement Actions ,
Environmental Litigation ,
Executive Orders ,
Fossil Fuel ,
Greenhouse Gas Emissions ,
Natural Resources ,
Oil & Gas ,
State and Local Government ,
Trump Administration
States are increasingly turning to “Climate Superfund” laws as a potential mechanism to offset the growing costs of climate-related disaster recovery and the construction of more climate change-resilient infrastructure. These...more
4/8/2025
/ Clean Air Act ,
Climate Change ,
Constitutional Challenges ,
Corporate Liability ,
Energy Sector ,
Environmental Litigation ,
Greenhouse Gas Emissions ,
Oil & Gas ,
Preemption ,
State and Local Government ,
Superfund
In March, EPA Administrator Lee Zeldin addressed top state environmental officials, highlighting the Agency’s priorities for the year ahead. Without committing the EPA to an official stance, Zeldin reaffirmed his commitment...more
4/8/2025
/ Biden Administration ,
Clean Water Act ,
Environmental Protection Agency (EPA) ,
Hazardous Substances ,
PFAS ,
Popular ,
Regulatory Reform ,
Regulatory Requirements ,
Rulemaking Process ,
Utilities Sector ,
Water
On March 20, 2025, the Trump administration invoked emergency powers in an Executive Order (EO) entitled Immediate Measures to Increase American Mineral Production, aiming to accelerate domestic mineral mining and processing....more
3/27/2025
/ Department of Defense (DOD) ,
Department of the Interior ,
Energy Sector ,
Executive Orders ,
Federal Funding ,
Investment ,
Mineral Extraction ,
Minerals ,
Mining ,
National Security ,
Permits ,
Regulatory Reform ,
Supply Chain ,
Trump Administration
Maryland has filed suit against W.L. Gore & Associates (Gore), a downstream user of PFAS-containing materials, alleging that its manufacturing processes contributed to PFAS contamination through its use of...more
3/14/2025
/ CERCLA ,
Consumer Product Companies ,
Contamination ,
Environmental Litigation ,
Environmental Protection Agency (EPA) ,
Groundwater ,
Hazardous Substances ,
Manufacturers ,
PFAS ,
Public Health ,
Toxic Chemicals
In a move that signals potential policy shifts under the new administration, the U.S. Court of Appeals for the District of Columbia Circuit granted EPA’s requests for 60-day stays in two high-profile cases challenging...more
3/14/2025
/ CERCLA ,
Contamination ,
Drinking Water ,
Environmental Litigation ,
Environmental Protection Agency (EPA) ,
Hazardous Substances ,
PFAS ,
Public Health ,
Regulatory Reform ,
Regulatory Requirements ,
Toxic Chemicals ,
Trump Administration
Critical minerals are the backbone of modern technologies and national security, powering everything from advanced semiconductors and electric vehicle batteries to missile guidance systems and renewable energy infrastructure....more
3/14/2025
/ China ,
Clean Energy ,
Critical Infrastructure Sectors ,
Department of Energy (DOE) ,
Energy Sector ,
Executive Orders ,
International Trade ,
Legislative Agendas ,
Mineral Extraction ,
National Security ,
Renewable Energy ,
Semiconductors ,
Supply Chain ,
Trump Administration
In a “paradigm shift in environmental liability,” some states are seeking to legislate financial responsibility on large coal and oil & gas companies for the public costs associated with strengthening infrastructure against...more
1/7/2025
/ CERCLA ,
Clean Air Act ,
Climate Change ,
Corporate Counsel ,
Energy Sector ,
Environmental Liability ,
Environmental Protection Agency (EPA) ,
Financial Responsibility Standards ,
Fossil Fuel ,
Greenhouse Gas Emissions ,
Infrastructure ,
New Legislation ,
New York ,
Rulemaking Process ,
Superfund
The U.S. Supreme Court is poised to address a circuit split over whether an agency doing an environmental review under the National Environmental Policy Act (NEPA) must consider effects beyond its regulatory jurisdiction,...more
12/20/2024
/ Appeals ,
Chevron Deference ,
Climate Change ,
Construction Project ,
Environmental Impact Statements ,
Government Agencies ,
Greenhouse Gas Emissions ,
NEPA ,
Oral Argument ,
Regulatory Authority ,
SCOTUS ,
Surface Transportation Board ,
Vacatur
Whether by land, by sea or through human innovation, carbon sequestration is likely coming to (or already happening in) a destination near you. As our planet, overdosed on greenhouse gases, battles climate disasters, a...more
The U.S. Department of the Interior (DOI) published a proposed rule aimed at modernizing and streamlining the “Type A” Natural Resource Damage Assessment (NRDA) regulations under the Comprehensive Environmental Response,...more
The U.S. Department of the Interior (DOI) anticipates proposing a new rule that would revise its “Type A” Natural Resource Damage Assessment (NRDA) regulations under the Comprehensive Environmental Response, Compensation, and...more
New EPA guidance clarifies the application of federal hazardous waste requirements under the Resource Conservation and Recovery Act (RCRA) to the management and recycling of spent lithium-ion batteries.
As the demand for...more
The EPA’s tentative determination signals the possibility of a future course reversal, and interested parties should consider making public comments, which could influence the outcome of the process.
The U.S. Environmental...more
EPA released a pre-publication notice of its long-anticipated proposed rule to designate certain PFOS and PFOA as CERCLA (Superfund) hazardous substances.
CERCLA hazardous substances designation would fulfill an important...more
As the world pursues ambitious net-zero carbon emission goals, demand is soaring for the critical materials required for the technologies leading the energy transition. Lithium may be the most well-known of these inputs due...more
In a mixed decision for international investors, the International Centre for Settlement of Investment Disputes (ICSID) recently published a tribunal’s award finding that the Republic of Colombia breached its obligations...more
In a bid to encourage vaccination among the nation’s workers to protect unvaccinated people, OSHA’s new Emergency Temporary Standard calls for private-sector employers with more than 100 employees to mandate COVID-19...more
11/9/2021
/ Biden Administration ,
Coronavirus/COVID-19 ,
Employer Mandates ,
Executive Orders ,
OSHA ,
Privately Held Corporations ,
Reasonable Accommodation ,
Religious Exemption ,
Vaccinations ,
Virus Testing ,
Workplace Safety
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
11/5/2021
/ Air Pollution ,
Civil Liability ,
Climate Change ,
Enforcement Actions ,
Environmental Claims ,
Environmental Policies ,
Environmental Violations ,
Fossil Fuel ,
Government Investigations ,
Greenhouse Gas Emissions ,
International Litigation ,
Negligence ,
Public Trust Doctrine
Under a forthcoming OSHA emergency temporary standard, private-sector employers with more than 100 employees will be required to mandate COVID-19 vaccination or weekly testing. Eliminating a testing alternative, federal...more