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Litigation Strategies Environmental Litigation

Lowenstein Sandler LLP

Petroleum Exclusion Reaffirmed Despite Assertions of Hazardous Substances Within It: Middle District of North Carolina CERCLA...

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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

Mintz

Trump Administration Files Preemptive Lawsuits Against Hawaii and Michigan to Block Climate Change Litigation

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Recently, both the State of Hawaii and the State of Michigan had announced that they would be pursuing litigation against fossil fuel companies concerning alleged damages stemming from the companies' contribution to climate...more

Venable LLP

[Webinar] From Litigation Trends to Mitigation Strategies: Examining the Impact of PFAS on Your Business - May 15th, 1:00 pm -...

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Navigating PFAS: Legal Perspectives Webinar Series - Per- and polyfluoroalkyl substances (PFAS) present complex and evolving risks in addition to legislative and regulatory concerns. This webinar series is designed to...more

American Conference Institute (ACI)

[Event] 2nd Annual Summit on PFAS Regulation, Compliance and Litigation - May 29th - 30th, New York, NY

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

MG+M The Law Firm

Schaap v. United States: PFAS Litigation Continues to Evolve with Novel Takings Clause Claim

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Per- and polyfluoroalkyl substances (PFAS) litigation is rapidly becoming one of the most dynamic and evolving areas of environmental law. With thousands of cases consolidated in the Aqueous Film-Forming Foams (AFFF)...more

K&L Gates LLP

Litigation Minute: Emerging Contaminants: Defending Litigation

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What You Need to Know in a Minute or Less - Effectively defending emerging contaminant litigation requires counsel capable of navigating extremely complex scientific issues related to causation, while also not losing sight of...more

Hogan Lovells

PRODUCT | PFAS and product law: Navigating regulatory and legal risks

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Regulation and litigation surrounding per- and polyfluoroalkyl substances (PFAS) – a class of organic chemicals used in a variety of industrial and consumer products – is on the rise and evolving day-by-day. And the PFAS...more

Oliva Gibbs

Pleading for Help — Ohio’s Time for Twombly (and Iqbal): Ohio Supreme Court to Consider Ohio Pleading Standards in Wilson Energy,...

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Two companion cases from the Fourth District Court of Appeals — Wilson Energy and Bethel Oil & Gas — are currently on appeal at the Ohio Supreme Court. Both cases involve similar facts and require the resolution of the same...more

Harris Beach Murtha PLLC

Plaintiffs Cannot Defeat Federal Removal Jurisdiction by Artful Pleading

The allegations of a plaintiff’s complaint do not control when evaluating removal under the federal officer removal statute, 28 U.S.C. § 1442(a)(1), and instead the court must credit the defendant’s theory of the case when...more

Foley Hoag LLP - Energy & Climate Counsel

Climate Litigation Against the US Is Dead. How Long Will State Climate Damage Cases Survive?

On Monday morning, the Supreme Court denied certiorari in Juliana v. United States. The cert. denial leaves in place the 9th Circuit Court of Appeals decision that ordered the case dismissed for lack of standing. At least for...more

Jones Day

Montana Supreme Court Holds State Constitution Includes Protections Against Climate Change

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Throughout 2024, young Americans from states like Oregon, California, and Hawaii turned to litigation, arguing that court intervention is necessary to protect them from climate change. The young plaintiffs spearheading these...more

Goldberg Segalla

New Strategy is Embraced for Product Identification in Multidistrict PFAS Litigation

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The Aqueous Film-Forming Foam (AFFF) MDL has taken a significant step forward with the introduction of a new case management program intended to streamline the complex process of product identification. The program’s...more

Beveridge & Diamond PC

What to Do If You Get a Notice of Intent to Sue from an eNGO

Most federal environmental statutes grant citizens broad authority to bring lawsuits against companies where there is alleged noncompliance. Before they can do so, however, they must provide a Notice of Intent (NOI) to sue....more

Mintz

Greenwashing Lawsuit Against Lululemon Dismissed by Federal Court

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On February 18, 2025, Judge Bloom (S.D. Fla.) dismissed a lawsuit against Lululemon, the athleisure company, that centered upon allegations of greenwashing. Specifically, the plaintiffs here had contended “that Lululemon...more

Cozen O'Connor

Minnesota’s Win Turns Up the Heat in Climate Change Litigation

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Minnesota AG Keith Ellison has obtained an order denying in large part motions to dismiss filed by defendants ExxonMobil Corp., the American Petroleum Institute, Koch Industries, Inc., Flint Hills Resources LP, and Flint...more

McGlinchey Stafford

Defending Manufacturers Against PFAS Claims: Legal Strategies and Challenges

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As litigation involving per- and polyfluoroalkyl substances (PFAS) continues to rise, manufacturers of PFAS-containing products face significant legal and financial risks. Plaintiffs, including individuals, communities,...more

Holland & Hart - Your Trial Message

Assess Regulator Credibility in Voir Dire

Government regulators can often play a role in civil litigation. In some cases, they’re involved as parties. More often, however, their role is as a proxy. In those situations, jurors might look at whether the defendant...more

Fox Rothschild LLP

State and Federal PFAS Litigation – 2019 to Q4 2024

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PFAS-related litigation continues to climb and to diversify as to claims and parties. See the attached graphics, updated through the fourth quarter of 2024. We will continue to update these graphics on a quarterly basis....more

Fenwick & West LLP

U.S. Supreme Court Allows Honolulu's Lawsuit Against Oil and Gas Companies to Proceed in State Court

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On Monday, the U.S. Supreme Court announced that it will not hear an appeal from certain major oil and gas companies to dismiss a lawsuit by the city of Honolulu seeking to hold the companies responsible for the impacts of...more

IMS Legal Strategies

The Water’s Fine? Navigating Water Contamination Litigation

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Perhaps one of the most quintessential concerns for corporate defendants in the last decade is that of nuclear verdicts. In just a decade, from 2013 to 2022, there were 115 verdicts of $100 million or more. The Institute for...more

Sheppard Mullin Richter & Hampton LLP

2023 Year-in-Review CEQA Litigation

Despite repeated attempts at reform by the Legislature, the California Environmental Quality Act (CEQA) continues to be a minefield for those assigned with the herculean task of complying with the law’s myriad of directives....more

Foley Hoag LLP - Environmental Law

Climate Change Litigation Strategy: Swing For the Fences or Hit Singles?

Those seeking to address climate change through litigation have taken two different paths. Some cases, probably best represented by Juliana v. United States, have plaintiffs who are swinging for the fences. These are...more

Nossaman LLP

Shutdown Prompts Requests to Extend Comment Deadline for Proposed Changes to FOIA Regulations

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On December 28, 2018, the Department of the Interior (DOI) published proposed changes to its rules governing how it processes requests for records under the Freedom of Information Act (FOIA) and provided a 30-day timeframe in...more

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