Power Play: Navigating EPA's New Rulebook - Energy Law Insights
Podcast - Diamond Alternative Energy, LLC v. EPA: The Intersection of Constitutional and Environmental Law
SCOTUS Clean Air Act Cases: What’s New?
Rewriting the Rules: The Supreme Court's Landmark Decision on Clean Water Act Permits
On-Demand Webinar | Regulatory Uncertainty and Linear Infrastructure Projects: Where Are We and What’s Ahead?
PFAS: Increasing Regulations and Managing Legal Liability
On-Demand Webinar | Linear Infrastructure Redux: Adapting Your Projects to Meet the New Regulatory Climate
The Current and Future Landscapes of EPA Criminal and Civil Enforcement
On-Demand Webinar | The New NEPA Regulations: A Practical Guide to What You Need to Know
One-on-One with David Fotouhi, Acting General Counsel at the EPA
Volatile Times in Vapor Intrusion Regulation: A Legal and Technical Update
[WEBINAR] Fairly (or Unfairly?) Traceable: Are Discharges Through Groundwater Subject to the Clean Water Act?
[WEBINAR] Update on the California Environmental Quality Act: What’s New for 2018
In Ohio Environmental Council v. State of Ohio, Case No. 23-CV-002403, the court of common pleas of Franklin County, Ohio addressed certain claims brought by environmental groups seeking to challenge the state land leasing...more
A federal district court has dismissed a lawsuit brought by farmers, environmental groups and local governments against the Environmental Protection Agency (EPA), according to the opinion issued by Judge Dabney L. Friedrich...more
In a published opinion filed October 17, 2025, the Third District Court of Appeal reversed the trial court’s preliminary injunction orders in five related actions prohibiting preconstruction geotechnical work to be undertaken...more
After fifteen years, three interim judgments ranging from $0 to $20 million, three appeals, an en banc review, and a writ for cert., Env't Tex. Citizen Lobby, Inc. v. ExxonMobil Corp.1 has given new meaning to exhaustion in...more
On September 29, 2025, the US District Court for the District of Columbia dismissed a lawsuit brought by Texas farmers, multi-state environmental organizations, and Johnson County, Texas that alleged the United States...more
Key Takeaways What Happened? The U.S. Court of Appeals for the District of Columbia Circuit (D.C. Circuit) recently overturned the U.S. Environmental Protection Agency’s (EPA’s) 2023 final rule rescinding the affirmative...more
On September 11, 2025, the U.S. Environmental Protection Agency (EPA) asked the United States Court of Appeals for the D.C. Circuit in American Water Works Ass’n v. EPA, Case No. 24-1188 (D.C. Cir.), to partially vacate its...more
The D.C. Circuit held that EPA failed to adequately justify its rescission of the longstanding affirmative defense for emergency-related emissions exceedances under the Clean Air Act’s Title V program. The Court emphasized...more
On Sept. 20, the U.S. District Court for the Eastern District of New York held that unilateral administrative orders (UAOs) do not constitute “civil actions” under the Comprehensive Environmental Response, Compensation, and...more
The United States Chamber of Commerce (“Chamber”) filed on September 19th a Brief for Amicus Curiae in support of the various organizations challenging the Safe Drinking Water Act Lead and Copper Rule Improvements (“LCRI”)....more
On September 5, 2025, the DC Circuit issued its opinion in SSM Litigation Group v. EPA, reversing EPA’s rescission of the longstanding emergency event affirmative defense under Title V of the Clean Air Act (“CAA”). The...more
The DC Circuit Court of Appeals decided on September 5, 2025, that the U.S. Environmental Protection Agency (EPA) erred in implementing its 2023 Final Rule on “Removal of Title V Emergency Affirmative Defense Provisions From...more
On Sept. 3, the U.S. Court of Appeals for the 9th Circuit held that the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) authorizes recovery of natural resource damages for the lost use of...more
The United States Court of Appeals District of Columbia Circuit (“Court”) addressed in a September 5th Opinion the validity of the Clean Air Act Startup/Shutdown/Malfunction (“SSM”) affirmative defense. See SSM Litigation...more
On August 20, 2025, in United States v. Alaska No. 24‑2251, the Ninth Circuit affirmed the federal government’s authority to create a rural subsistence fishing priority in navigable waters on federal lands under Title VIII of...more
On Friday, the D.C. Circuit reinstated the affirmative defense for emergency situations resulting in exceedances of emission limitations in Clean Air Act Title V operating permits. That defense, available in the Title V...more
Defining the scope of CERCLA natural resources damages is a rare occurrence in the Ninth Circuit, which is what is interesting about the recent decision in the case of Confederated Tribes of the Colville Reservation v. Teck...more
The United States District Court for the Northern District of New York, applying New York law, has determined that an insurer had a duty to defend an insured because a carve-out to the relevant pollution exclusion applied....more
Nahant Preservation Trust, Inc. v. Northeastern University, 104 Mass.App.Ct. 698 (2024) - Nahant Preservation Trust, Inc. v. Northeastern University involved a dispute over whether a private landowner (“Northeastern”) had...more
On Friday, Aug. 15, Illinois Governor J.B. Pritzker signed Senate Bill 328 (“SB 328”), which permits toxic tort lawsuits against companies that operate in Illinois even in situations where the defendant company and individual...more
The Environmental Protection Agency (EPA) recently published its heavily anticipated proposal to revoke its 2009 determination under section 202(a) of the Clean Air Act (CAA) that greenhouse gases (GHG) "cause, or contribute...more
The United States Court of Appeals for the Fifth Circuit (“Fifth Circuit”) addressed in an August 12th Decision a challenge to a Clean Air Act Prevention of Significant Deterioration (“PSD”) Permit issued by the Texas...more
On July 29th, the Eleventh Circuit affirmed the dismissal of a lawsuit brought by environmental groups for alleged violations of the Clean Water Act resulting from the alleged illegal filling of wetlands on Georgia’s coast....more
On August 5, the United States District Court for the District of Montana issued an order overturning a determination made by the U.S. Fish and Wildlife Service (Service) during the Biden Administration that listing the gray...more
The United States Court of Appeals for the Sixth Circuit (“Court”) in a May 12th Opinion addressed issues arising out of actions being brought to recover cleanup costs under the Comprehensive Environmental Response,...more