On June 23, 2025, U.S. District Judge Dale S. Fischer of the Central District of California sentenced a former Chairman and CEO of a behavioral healthcare company to 42 months in federal prison. This conviction represents the...more
7/10/2025
/ 10b5-1 Plans ,
CEOs ,
Contract Termination ,
Cooling-Off Rule ,
Corporate Counsel ,
Corporate Governance ,
Criminal Prosecution ,
Department of Justice (DOJ) ,
Insider Trading ,
Internal Investigations ,
Material Nonpublic Information ,
MNPI ,
Penalties ,
Popular ,
Publicly-Traded Companies ,
Securities Exchange Act ,
Securities Fraud ,
Stocks
On June 18th, the U.S. Supreme Court issued two rulings determining where challenges to Environmental Protection Agency (EPA) actions under the Clean Air Act must be filed.
The Court held challenges to EPA actions that are...more
6/25/2025
/ Appellate Courts ,
Biden Administration ,
Biofuel ,
Clean Air Act ,
Environmental Litigation ,
Environmental Protection Agency (EPA) ,
Environmental Protection Agency v Calumet Shreveport Refining LLC ,
Judicial Authority ,
Ozone ,
Refineries ,
Renewable Fuel ,
SCOTUS ,
State Implementation Plans (SIPs) ,
Statutory Interpretation ,
Trump Administration ,
Venue
The decision for a company to self-disclose potential criminal misconduct to the U.S. Department of Justice (DOJ) is always complex. This is particularly true during periods of administration transitions when DOJ policies and...more
6/19/2025
/ Compliance Monitoring ,
Corporate Crimes ,
Corporate Misconduct ,
Criminal Prosecution ,
Department of Justice (DOJ) ,
Enforcement Priorities ,
Internal Investigations ,
New Guidance ,
Non-Prosecution Agreements ,
Remediation ,
Transparency ,
Trump Administration ,
Voluntary Disclosure ,
White Collar Crimes
In a landmark ruling issued May 29, 2025, the U.S. Supreme Court unanimously reversed the D.C. Circuit in Seven County Infrastructure Coalition v. Eagle County, Colorado, sharply limiting the scope of environmental review...more
6/6/2025
/ Administrative Procedure Act ,
Energy Policy ,
Energy Projects ,
Environmental Impact Statements ,
Environmental Litigation ,
Infrastructure ,
Judicial Review ,
NEPA ,
Oil & Gas ,
Railways ,
Regulatory Authority ,
SCOTUS ,
Seven County Infrastructure Coalition v Eagle County Colorado ,
Statutory Interpretation ,
Surface Transportation Board
The increasing volume of litigation involving Poly- and Perfluoroalkyl Substances (PFAS) presents substantial financial and operational uncertainties for the insurance sector. Due to their environmental persistence and...more
5/30/2025
/ Contamination ,
Environmental Liability ,
Hazardous Substances ,
Insurance Claims ,
Insurance Industry ,
Insurance Litigation ,
Liability ,
PFAS ,
Policy Exclusions ,
Regulatory Requirements ,
Risk Management
On May 16, 2025, the U.S. Court of Appeals for the Fifth Circuit issued a significant ruling in a longstanding dispute between the Texas Commission on Environmental Quality (TCEQ) and the U.S. Environmental Protection Agency...more
On May 12, 2025, the U.S. Court of Appeals for the Sixth Circuit issued a pivotal decision addressing the timing of contribution claims under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA),...more
5/23/2025
/ Appeals ,
CERCLA ,
Contamination ,
Contribution Claims ,
Corporate Counsel ,
Declaratory Judgments ,
Environmental Litigation ,
Hazardous Substances ,
Liability ,
Manufacturers ,
Statute of Limitations ,
Toxic Chemicals
In a case that has profound implications for the regulated community, particularly in the realms of environmental justice, civil rights, and land use planning, the U.S. Fifth Circuit Court of Appeals has permitted plaintiffs...more
The U.S. 5th Circuit Court of Appeals gave a big win to the EPA when it upheld a Biden-era ozone ruling affecting Louisiana and Texas, but there was also a set-back for the EPA when the Court both upheld the ability of such...more
In an unprecedented move, the Trump administration established an electronic mailbox to allow the regulated community to request a Presidential Exemption to certain requirements of the Clean Air Act (CAA). Under Section...more
On March 4, 2025, the United States Supreme Court issued its ruling in City and County of San Francisco v. Environmental Protection Agency, limiting the U.S. Environmental Protection Agency (EPA)’s permitting authority under...more
3/10/2025
/ City and County of San Francisco v Environmental Protection Agency ,
Clean Water Act ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
NPDES ,
Permits ,
Pollution Control ,
Regulatory Requirements ,
SCOTUS ,
Statutory Interpretation ,
Water Pollution
Environmental insurance plays a critical role in managing the financial risks associated with environmental liabilities. It provides coverage for pollution incidents, cleanup costs, and legal defense expenses, offering a...more
President Donald Trump’s second term has already proven to be an extension of his first-term deregulatory agenda at the U.S. Environmental Protection Agency (EPA). Given historical trends, such deregulation will likely prompt...more
2/20/2025
/ Citizen Suits ,
Clean Air Act ,
Clean Water Act ,
Climate Change ,
Corporate Counsel ,
Deregulation ,
Endangered Species Act (ESA) ,
Environmental Litigation ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
NGOs ,
Regulatory Reform ,
Trump Administration
The regulatory landscape likely to characterize President Donald Trump’s second term will create important implications for conducting U.S. Environmental Protection Agency (EPA) compliance audits within the manufacturing...more
2/13/2025
/ Clean Air Act ,
Clean Water Act ,
Compliance ,
Enforcement Actions ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
Manufacturers ,
NPDES ,
Regulatory Agenda ,
Regulatory Reform ,
Toxic Substances Control Act (TSCA) ,
Trump Administration
As litigation involving per- and polyfluoroalkyl substances (PFAS) continues to rise, manufacturers of PFAS-containing products face significant legal and financial risks. Plaintiffs, including individuals, communities,...more
2/7/2025
/ Clean Water Act ,
Contamination ,
Environmental Litigation ,
Liability ,
Litigation Strategies ,
Manufacturers ,
PFAS ,
Popular ,
Public Health ,
Risk Management ,
Settlement ,
Statute of Limitations ,
Toxic Chemicals ,
Toxic Exposure ,
Toxic Substances Control Act (TSCA)
On January 17, 2025, the Environmental Protection Agency (EPA) and the Department of Justice (DOJ) announced a $9.5 million settlement with Stericycle, Inc. for Hazardous Waste Management Violations. The settlement resolves...more
On December 9, 2024, the U.S. Environmental Protection Agency (EPA) issued a landmark rule banning trichloroethylene (TCE) and perchloroethylene (PERC), two widely used industrial solvents associated with significant health...more
The U.S. Environmental Protection Agency (EPA) proposed new standards on November 22, 2024, to significantly tighten nitrogen oxides’ (NOx) emission limits from fossil fuel-fired stationary combustion turbines. These proposed...more
The Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) aims to facilitate cleanup and accountability in hazardous waste sites. The Bona Fide Prospective Purchaser (BFPP) defense was introduced to...more
11/26/2024
/ AAI ,
BFPP ,
Brownfield Properties ,
CERCLA ,
Contaminated Properties ,
Deregulation ,
Enforcement ,
Environmental Protection Agency (EPA) ,
Hazardous Waste ,
Investors ,
Judicial Appointments ,
Land Developers ,
Potentially Responsible Party (PRP) ,
Statutory Interpretation ,
Trump Administration
The Environmental Protection Agency’s (EPA) Superfund Program is a cornerstone of the United States’ efforts to remediate contaminated sites and protect public health. The Superfund Program under President-Elect Donald...more
11/20/2024
/ Allocation of Funds ,
CERCLA ,
Deregulation ,
Donald Trump ,
Enforcement ,
Environmental Protection Agency (EPA) ,
Federal Budget ,
Hazardous Waste ,
Innovative Technology ,
National Priorities List (NPL) ,
Regulatory Reform ,
Site Remediation ,
Superfund ,
Trump Administration
A second Trump presidency may bring a renewed focus on deregulation and a reduction in federal oversight, which could have profound implications for brownfield redevelopment. Brownfields are previously developed sites, often...more
11/13/2024
/ Brownfield Properties ,
Contaminated Properties ,
Deregulation ,
Environmental Justice ,
Environmental Protection Agency (EPA) ,
NEPA ,
Opportunity Zones ,
Presidential Elections ,
Public Health ,
Redevelopment ,
Regulatory Agenda ,
Tax Incentives ,
Transparency ,
Trump Administration
The relationship between fluoride in public water supplies and the regulatory framework of the Safe Drinking Water Act (SDWA) has gained renewed scrutiny following the recent Food & Water Watch, Inc. v. EPA case. Fluoride,...more
A return to the presidency by Donald Trump has raised questions about the future of the U.S. Environmental Protection Agency (EPA) and the broader landscape of environmental policy in the United States. Given Trump’s past...more
11/7/2024
/ Air Quality Standards ,
Budget Cuts ,
Carbon Emissions ,
Donald Trump ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
Fossil Fuel ,
Popular ,
Renewable Energy ,
Restructuring ,
Rollbacks ,
Scientific Research ,
Trump Administration ,
Water Quality Control Boards
On October 18, 2024, the U.S. Environmental Protection Agency (EPA) announced the registration of a new herbicide active ingredient, glufosinate-P. This approval marks a significant milestone in agricultural weed management,...more
The Litigation Byte is the new name and format for McGlinchey’s Commercial Law Bulletin. Our new format reflects McGlinchey’s national coverage and our expanded footprint while still serving up the digestible, insightful...more
8/5/2024
/ Administrative Procedure Act ,
Cell Phones ,
Chevron Deference ,
Creditors ,
FDCPA ,
Foreclosure ,
Loper Bright Enterprises v Raimondo ,
Mortgage Lenders ,
Promissory Notes ,
SCOTUS ,
Statutory Interpretation ,
TCPA ,
Truth in Lending Act (TILA)