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Environmental Litigation

Foley Hoag LLP - Environmental Law

The 5th Circuit Rejects EPA's Nonattainment Designations in Texas; Don't Blame Loper Bright

On May 16, in Texas v. EPA, the 5th Circuit Court of Appeals rejected EPA’s nonattainment designation for two counties in Texas. What I find most interesting about the case is the reaction to it. Inside EPA (subscription...more

Perkins Coie

VMT Thresholds Must Be Based on Substantial Evidence Specific to Local Conditions

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The County of San Diego’s thresholds for exempting certain projects from vehicle miles traveled (VMT) analysis were not supported by substantial evidence showing they were appropriate specifically for the County. Cleveland...more

Allen Matkins

California Environmental Law & Policy Update 5.23.25

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The Senate on Thursday blocked California’s landmark plan to phase out the sale of new gasoline-powered vehicles, setting up a legal battle that could shape the electric car market in the United States. The consequences of...more

Mintz

Pennsylvania State Court Dismisses Climate Tort Litigation Against Major Fossil Fuel Companies

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A local state court in Pennsylvania recently dismissed an array of climate tort claims brought against major fossil fuel companies by a local government--in this case, Bucks County. Among the three dozen or so climate tort...more

ArentFox Schiff

Recent Rulings Against Trump Administration Funding Freezes

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Shortly after taking office, President Trump froze funding already allocated to various parties, citing the Administration’s disapproval of issues including climate change and social equity. Additionally, executive agencies...more

Cozen O'Connor

Democratic AGs Go For Broke on PFAS Manufacturer Bankruptcy Deal

Cozen O'Connor on

A group of six Democratic AGs filed an objection to a proposed bankruptcy plan for firefighting foam manufacturer Kidde-Fenwal, Inc. (“KFI”), claiming that the deal would allow KFi to avoid billions in potential liabilities...more

McGlinchey Stafford

5th Circuit Establishes New Standard for EPA on Sulfur Dioxide Omissions

McGlinchey Stafford on

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

McGlinchey Stafford

Sixth Circuit Clarifies CERCLA Statute of Limitations

McGlinchey Stafford on

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

Mitchell, Williams, Selig, Gates & Woodyard,...

Definition of Harm/Endangered Species Act: EarthJustice Comments Addressing U.S. Fish and Wildlife Service Proposed Rule

The environmental organization Earthjustice submitted May 19th comments to the United States Fish and Wildlife Service and National Marine Fishery Service (collectively, “Services”) addressing their proposed rescission of the...more

Latham & Watkins LLP

Latest Developments in Fight Over California’s Climate Disclosure Laws

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A preliminary injunction motion is set for May, the judge issued a scheduling order, and CARB announced a public workshop to kick off a rulemaking to implement the laws....more

Goldberg Segalla

Decoding a Landmark Case: Environmental Laws and Legal Strategy in New Jersey’s PFAS Trial against DuPont

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A high-stakes environmental trial is unfolding in New Jersey, where the state is taking on E.I. DuPont de Nemours and its related entities over widespread PFAS contamination at the former Chamber Works facility in Salem...more

Troutman Pepper Locke

Fifteen States Sue the Trump Administration Over “Energy Emergency” Executive Order

Troutman Pepper Locke on

On May 9, 2025, fifteen democratic states (“Plaintiff States”) sued the Trump Administration in Washington District Court, claiming that President Trump’s executive order “Declaring a National Energy Emergency” (“Executive...more

Nossaman LLP

Rewriting the Rules: The Supreme Court's Landmark Decision on Clean Water Act Permits

Nossaman LLP on

In this episode of Digging Into Land Use Law, Byron Gee, Willis Hon and Sara Johnson review in detail the recent Supreme Court opinion in City and County of San Francisco vs. EPA and its implications for Clean Water Act...more

Troutman Pepper Locke

New Jersey AG Platkin Reaches $450M PFAS Settlement With 3M

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On May 13, New Jersey Attorney General (AG) Matthew Platkin announced a proposed $450 million settlement agreement with 3M regarding allegations that, among other issues, contamination of perfluoroalkyl and polyfluoroalkyl...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Reasonable Use Requirements for Colorado River Lower Basin Water Deliveries: Natural Resources Defense Council Petition to the...

The Natural Resources Defense Council and Waterkeepers (collectively, “NRDC”) submitted on May 6th a document to the United States Department of Interior (“DOI”) styled: Petition to the Secretary of Interior to Enforce...more

Coblentz Patch Duffy & Bass

There’s Always This Year? 2025 Legislature Considers CEQA Reforms to Spur Housing

California’s 2025 legislative cycle includes another ambitious package of housing bills as the state continues to look for ways to ease the housing crisis amidst continued political and economic uncertainty. Reforming the...more

Alston & Bird

Land Use Matters | May 2025 | CEQA Appellate Decisions & Other Legal Developments

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City of Los Angeles - Expedited and Streamlined Review Process for Community Rebuilding - On March 18, 2025, Mayor Karen Bass issued Revised Emergency Executive Order No. 1 (EO 1) directing the Department of City Planning,...more

Cozen O'Connor

The State AG Report – 05.15.2025

Cozen O'Connor on

Here are curated AG and federal regulatory news stories highlighting key areas in which state and federal regulators’ decisions are having an impact across the US: • Texas Secures $1.375B Settlement with Google Over Alleged...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Habitat Conservation Plans Under the Endangered Species Act: Defenders of Wildlife Publishes a Three-Decade Analysis

The Defenders of Wildlife’s Center for Conservation Innovation announced the publication of a paper titled: Habitat conservation plans under the endangered species act: A comprehensive three-decade analysis (“Paper”)....more

Lowenstein Sandler LLP

How Long is Forever? PFAS Chemicals in Commercial Real Estate

Lowenstein Sandler LLP on

In this episode of "Terra Firma: Conversations on Commercial Real Estate," Kegan A. Brown, partner in Lowenstein's Environmental Law & Litigation group, joins Real Estate partner Kimberly E. Lomot for a discussion on PFAS,...more

Beveridge & Diamond PC

Litigation Targeting Plastics Manufacturers

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As we continue to see a rise in litigation related to plastic pollution, plastic manufacturers must remain prepared and should carefully follow the different kinds of claims to see which ones are ultimately more successful....more

Cozen O'Connor

New Jersey Secures $450 Million Settlement with 3M over PFAS Contamination

Cozen O'Connor on

New Jersey AG Matthew Platkin announced a $450 million settlement with 3M to resolve allegations that the company contaminated the state’s water supplies with harmful “forever chemicals,” or PFAS. According to the state’s...more

Pillsbury - Gravel2Gavel Construction & Real...

States and Municipalities Advance Climate Change Lawsuits as Trump Administration Seeks to Block Them

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

Pillsbury - PFAS Observer

3M Agrees to Enter into Settlement with State of New Jersey and Pay up to $450 Million to Resolve Present and Future PFAS...

On May 12, 2025, 3M announced an agreement with the State of New Jersey to resolve two sets of legal liabilities related to PFAS contamination: (1) all claims that the company is currently facing or has faced related to PFAS...more

Robinson+Cole Environmental Law +

Coalition of States Dispute Trump Administration’s “National Energy Emergency” Claim

On the heels of an action by states challenging the Trump administration’s efforts to block federal permits for offshore wind development a lawsuit filed by 15 states on May 9, 2025, claims that the administration misapplied...more

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