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What to Do If You Get a Notice of Intent to Sue from an eNGO

Most federal environmental statutes grant citizens broad authority to bring lawsuits against companies where there is alleged noncompliance. Before they can do so, however, they must provide a Notice of Intent (NOI) to sue....more

Ten Strategies to Use When eNGOs FOIA EPA to Prepare for Citizen Suits

Environmental non-governmental organizations (eNGOs) looking to develop citizen suits typically first mine publicly available compliance information companies must submit to state and federal environmental agencies. eNGOs...more

The Citizens Are Coming: Citizens Groups Are Better Funded Than Ever and Will Take Over Where Biden Left Off

We expect newly-confirmed U.S. Environmental Protection Agency (EPA) Administrator Lee Zeldin to quickly follow through on President Trump’s promises to draw down federal enforcement efforts, particularly in the arena of air...more

The Fifteenth Court of Appeals: What Texas’s New Appeals Court Means for Environmental Litigation

On June 11, 2024, Texas Governor Greg Abbott announced his inaugural appointments to the new Fifteenth Court of Appeals. The new intermediate court of appeals will take effect on September 1, 2024, and have statewide...more

SCOTX: Missed 30-Day Service Deadline Does Not Mandate Dismissal of Challenge to TCEQ Action

Last week, the Supreme Court of Texas ruled that serving citation on the Texas Commission on Environmental Quality (“TCEQ”) outside a 30-day deadline set forth in the Texas Clean Air Act (“TCAA”) did not require dismissal of...more

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