News & Analysis as of

Environmental Litigation

Miller Starr Regalia

Preclusion Confusion?  First District Holds Plaintiff’s Second CEQA Challenge to Bay Lights 360 Project Time-Barred Due to...

Miller Starr Regalia on

In a partially published opinion filed June 5, 2026, the First District Court of Appeal (Div. 1) affirmed a judgment entered after Defendant and Respondent Bay Area Toll Authority’s (BATA) demurrer brought on statute of...more

Harris Beach Murtha

Renewable Energy Industry Groups Challenge DoD Wind Moratorium

Harris Beach Murtha on

A coalition of nine renewable energy trade associations, including the Alliance for Clean Energy New York, recently filed a lawsuit in the U.S. District Court for the District of Oregon over recent federal government actions...more

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

Citizen Suit Action/Clean Water Act: Chattahoochee Riverkeeper Inc. Files Judicial Action Against Columbus, Georgia Construction...

The Chattahoochee Riverkeeper, Inc. (“CRI”) filed a May 22nd Complaint and Petition for Injunctive Relief (“Complaint”) pursuant to the Clean Water Act citizen suit provisions against Aspire at Old Guard, LLC (“Aspire”) and...more

Gray Reed

Louisiana Legacy Pollution Plaintiff Thwarted … For a Moment

Gray Reed on

In WMH  Farms v. Apache Corporation the Third Circuit Court of Appeal reversed summary judgment in favor of plaintiff/landowner WMH against lessee JP Oil and dismissed JP’s third-party demand against Walter Oil and Gas....more

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

Natural Resource Damages/CERCLA: United States/State of Georgia and Poultry Processing Facility Enter into Consent Decree

The United States Department of Justice (“DOJ”) on behalf of the United States of America and the State of Georgia entered into a Consent Decree (“CD”) with Gold Creek Foods, LLC (“Gold Creek”) addressing the recovery of...more

Farrell Fritz, P.C.

Southampton’s Residential Dock Ban Tests Its Authority Over Bay Bottoms

Farrell Fritz, P.C. on

A legal battle is brewing in Southampton, New York, pitting age-old colonial-era patents, acts of the State Legislature, and caselaw concerning riparian rights against local environmental regulation, and more specifically,...more

Schwabe, Williamson & Wyatt PC

Dalton Corridor Land Transfer, Withdrawal Revocation & Litigation

On May 6, 2026, the Department of the Interior announced it had conveyed approximately 1.4 million acres of land along the Dalton Utility Corridor to the State of Alaska. Secretary Doug Burgum stated the transfer advances the...more

WilmerHale

One Year After Seven County: Trends in NEPA Review and Litigation Risk

WilmerHale on

One year ago, on May 29, 2025, the US Supreme Court issued its unanimous decision in Seven County Infrastructure Coalition v. Eagle County, which established a “course correction” to bring agency compliance and judicial...more

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

US Army Corp of Engineers Operation of Mississippi River Spillway/Fifth Amendment Taking: US Federal Appellate Court Addresses...

The United States Court of Appeals, Federal Circuit (“Federal Circuit”) addressed in a May 21 Opinion an issue arising out of the operation of the Bonnet Carre Spillway (“Spillway”). See Robert L. Campo, et al v. United...more

Holland & Knight LLP

Indoor Environment as the Next Mass Tort: PFAS, Mold and Rental Housing Litigation

Holland & Knight LLP on

The U.S. Environmental Protection Agency (EPA) under Administrator Lee Zeldin has announced sweeping deregulation with a "compliance first" approach. Though this may appear to be a reprieve, the retreat of federal enforcement...more

Vorys, Sater, Seymour and Pease LLP

U.S. EPA Issues Direct Final Rule Reinstating Title V Affirmative Defense Provisions

On June 1, 2026, U.S. EPA issued a direct final rule rescinding a 2023 rule that eliminated the Affirmative Defense provisions from state and federal Title V operating permit programs (the “Direct Final Rule”)....more

Miller Starr Regalia

First District Holds CEQA Review of Calaveras Reservoir Fishing Program Proposed Pursuant to Health and Safety Code Requirements...

Miller Starr Regalia on

In a published opinion filed May 29, 2026, the First District Court of Appeal (Div. 3) affirmed a judgment denying a petition for a writ of ordinary mandamus to compel public agency respondents, including the City and County...more

Beveridge & Diamond PC

Ninth Circuit Vacates Order Requiring EPA to Regulate Fluoridation of Drinking Water under TSCA

The U.S. Court of Appeals for the Ninth Circuit has vacated the district court order that required the U.S. Environmental Protection Agency (EPA) to regulate the “unreasonable risk” the court found to be posed by the...more

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

Reclassification of Major Sources Under Section 112 of the Clean Air Act: American Cement Association and Industry Coalition Brief...

The American Cement Association and a number of other industrial organizations  (collectively “ACA”)  filed on April 17th, a brief in the United States Court of Appeals for the District of Columbia Circuit, proceeding styled...more

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

Reclassification of Major Sources Under Section 112 of the Clean Air Act: American Cement Association and Industry Coalition Brief...

The American Cement Association and a number of other industrial organizations  (collectively “ACA”)  filed on April 17th, a brief in the United States Court of Appeals for the District of Columbia Circuit, proceeding styled...more

Mayer Brown

Brasília em Pauta - Edição Nº 241

Mayer Brown on

Prezados e prezadas, O “Brasília em Pauta” é um boletim semanal preparado pela equipe de Contencioso de Brasília, contendo os principais casos a serem julgados pelo Supremo Tribunal Federal (STF), Superior Tribunal de...more

Allen Matkins

California Environmental Law & Policy Update 5.29.26

Allen Matkins on

The U.S. Bureau of Land Management (BLM) last week released its final environmental report on a controversial oil and gas leasing proposal that could open approximately 850,000 acres of public lands and federal mineral estate...more

Tucker Arensberg, P.C.

When a “Fee” Becomes a Tax: The Pennsylvania Supreme Court Draws a Hard Line on a Home Rule Municipality’s Stormwater Charges

A municipal stormwater charge is an unenforceable local tax against Commonwealth instrumentalities and other tax-exempt entities when the enabling ordinance bases the charge on governmental regulatory duties and public health...more

Bergeson & Campbell, P.C.

Appellate Court Vacates and Remands District Court Decision in TSCA Fluoride Case

As reported in our February 13, 2025, blog item, on January 17, 2025, the Biden U.S. Environmental Protection Agency (EPA) filed a notice of appeal in the U.S. Court of Appeals for the Ninth Circuit of the U.S. District Court...more

Cozen O'Connor

Texas Wildfire: Amarillo “Stinky Fire”

Cozen O'Connor on

A mid-May 2026 wildfire originating at the City of Amarillo’s municipal landfill, dubbed the “Stinky Fire,” has caused widespread property damage in the Texas panhandle. Preliminary information indicates the fire began within...more

Pillsbury Winthrop Shaw Pittman LLP

EPA Proposes Major Changes to PFAS Drinking Water Rule

The U.S. Environmental Protection Agency (EPA) has proposed major amendments to the 2024 National Primary Drinking Water Regulations (NPDWR) for per- and polyfluoroalkyl substances (PFAS) in the form of two proposed rules...more

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

Underground Storage Tank/Pennsylvania Department of Environmental Protection: Convenience Store Chain Files Environmental Hearing...

7-Eleven, Inc. on behalf of its wholly owned subsidiary, Speedway, LLC (“7-Eleven”) filed a May 22 Notice of Appeal (“Appeal”) before the Pennsylvania Environmental Hearing  Board  challenging the Pennsylvania Department of...more

Butler Snow LLP

EPA Proposes New Rule Clarifying “Begin Actual Construction” under Clean Air Act NSR Program

Butler Snow LLP on

On May 13, 2026, the U.S. Environmental Protection Agency (EPA) published its highly anticipated Proposed Rule, “Begin Actual Construction in the New Source Review (NSR) Preconstruction Permitting Program” (91 Fed Reg 26958),...more

Perkins Coie

California Supreme Court Holds Coastal Commission Lacked Appellate Jurisdiction Over Local Permit Decision

Perkins Coie on

The California Supreme Court unanimously held that the California Coastal Commission lacked appellate jurisdiction over a coastal development permit granted by the County of San Luis Obispo, concluding that the proposed...more

Bracewell LLP

Future of Climate Liability Litigation Up in the Air in Suncor

Bracewell LLP on

The U.S. Supreme Court is set to consider whether federal law, including the Clean Air Act, preempts state-law tort claims brought by local Colorado governments seeking damages from fossil fuel companies for alleged climate...more

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