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Third Circuit Reverses EPA “Reactivation” Policy for PSD

A three-judge panel for the U.S. Court of Appeals for the Third Circuit has held that the Clean Air Act (“CAA”) bars the EPA from requiring facilities that are restarting after being shuttered to undergo to strict, Prevention...more

Sixth Circuit to Review Decision to Certify Class in PFAS Litigation

The Sixth Circuit has granted review of the District Court the Southern District of Ohio’s decision to certify a class of millions of Ohio residents who may have forever chemicals, known as PFAS, in their blood. The class...more

8th Circuit Confirms Retroactive, New Source Review Enforcement Power

The U.S. Court of Appeals for the 8th Circuit has ruled that the EPA may pursue injunctive relief against emission sources for past violations of new source review (NSR) permit requirements under the Clean Air Act. In the...more

Supreme Court Reverses D.C. Circuit on Superfund Cost Recovery Statute of Limitations

The Supreme Court has reversed a DC Circuit decision which held that the territory of Guam was time-barred from pursuing a cost recovery action under CERCLA against the U.S. Government to pay its fair share for the clean-up...more

U.S. Supreme Court to Review Application of Statute of Limitation in Superfund Cost Recovery Case

The U.S. Supreme Court is set to issue a decision in a Superfund cost recovery case which could provide clarity on whether non-Superfund settlements can start the clock on Superfund’s contribution claims’ statute of...more

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