Navigating the Inflation Reduction Act: Insights on Brownfield Energy Community Credits - Energy Law Insights
The U.S. District Court for the Eastern District of Wisconsin (“Court”) addressed in a January 28th Opinion issues arising under the Comprehensive Environmental Response, Compensation, and Liability Act (“CERCLA”), 42 U.S.C....more
EPA has been granted a fourth abeyance of pending litigation related to the Biden administration’s designation of PFOA and PFOS as hazardous substances under CERCLA....more
Because the risks posed by superfund sites pale in comparison to the risks posed by air pollution and broader water pollution issues regulated under the Clean Water Act, I have been and remain deeply skeptical of the Trump...more
Addressing PFAS continues to challenge local government, water providers, and wastewater providers, particularly in a rapidly changing regulatory environment. Regulatory initiatives will have costly and widespread impacts on...more
The National Municipal Stormwater Alliance (“NMSA”) submitted April 4th comments to the United States Environmental Protection Agency (“EPA”) addressing the proposed Clean Water Act National Pollutant Discharge Elimination...more
EPA has again obtained extensions of the stays in the litigation challenging the MCLs for six PFAS and the litigation challenging the hazardous substance designation for PFOS and PFOA. EPA requested the U.S. Court of...more
On May 30, the United States District Court for the Central District of California determined that judicial review of whether state response costs are recoverable under Section 107(a)(4)(A) of the Comprehensive Environmental...more
On May 12, 2025, the Sixth Circuit issued a published decision in Georgia-Pacific Consumer Prods. LP, et al. v. NCR Corp. finding that a party previously found liable under CERCLA Section 107 is not entitled to declaratory...more
Environmental litigation is evolving. Once dominated by scientific testimony and regulatory interpretation, it now demands financial clarity as well. From toxic torts and groundwater contamination to disputes over regulatory...more
The EPA is continuing to reevaluate whether to change its position regarding the Biden administration’s 2024 listing of PFOA and PFOS as hazardous substances under CERCLA....more
The Association of State and Territorial Solid Waste Management Officials (“ASTSWMO”) has published a document tilted: Transitioning Fund-Financed Site Remedies from EPA to the States: A Guide for Project Managers...more
Before leasing land, it is important for developers to understand the benefits of using a lease-option structure instead of jumping straight into a leasehold. By deliberately separating and sequencing the grant of rights from...more
On 14 May 2025, Environmental Protection Agency (EPA) Administrator Lee Zeldin announced the agency’s plan to address the National Primary Drinking Water Regulations (NPDWR) for per- and polyfluoroalkyl substances (PFAS)...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
The United States Environmental Protection Agency (“EPA”) and Vibracoustic USA, Inc. (“VUI”) entered into an April 21st Consent Agreement (“CA”) addressing alleged violations of the Comprehensive Environmental Response,...more
In recent years, states and municipalities have attempted to hold fossil fuel companies liable for their alleged impacts on climate change. Numerous states and municipalities have sued fossil fuel companies, alleging that...more
On May 8, the Middle District of North Carolina granted summary judgment dismissing cost recovery and declaratory judgment claims brought under the Comprehensive Environmental Response, Compensation, and Liability Act...more
On April 30, 2025, the U.S. Court of Appeals for the D.C. Circuit granted an additional 30-day abeyance in the challenge to EPA’s Final Rule designating Perfluorooctanoic Acid (PFOA) and Perfluorooctanesulfonic Acid (PFOS) as...more
The U.S. Department of Justice filed lawsuits against New York and several other states, challenging their newly enacted state Superfund laws (Superfund lawsuits). The laws aim to address the environmental damages attributed...more
The U.S. Environmental Protection Agency (EPA) issued a press release on April 28 setting forth its “first, not the last” statement regarding “major” actions and initiatives it intends to undertake to address human health and...more
On April 28, 2025, after much anticipation, U.S. Environmental Protection Agency (EPA) Administrator Lee Zeldin outlined the agency’s plans to address Per- and Polyfluoroalkyl Substances (PFAS). Although the announcement...more
The PFAS regulatory landscape is evolving fast, and with a new administration on the horizon, major changes in compliance, enforcement, and litigation risks could be imminent. If your business fails to stay ahead, you can...more
In the latest edition of the PFAS Primer Quarterly Update, our roundup of regulatory, litigation, and scientific actions involving PFAS, states exempt PFAS products – except the states that don’t, defendants can remove PFAS...more
The Association of State and Territorial Solid Waste Management Officials (“ASTSWMO”) submitted testimony to the United States House Appropriations Subcommittee on Interior, Environment, and Other Related Agencies. The...more
“Contaminants Compass” is a monthly newsletter that provides updates, legal observations and actionable tips to navigate the evolving legal “Contaminants Compass” is a monthly newsletter that provides updates, legal...more