News & Analysis as of

Litigation Strategies Environmental Protection Agency (EPA)

Bergeson & Campbell, P.C.

Court Grants EPA’s Request for Abeyance, Denies EPA’s Request for Voluntary Remand in Challenge to Risk Evaluation Rule

As reported in our March 31, 2025, blog item, on March 21, 2025, the U.S. Court of Appeals for the District of Columbia Circuit heard oral argument in a case challenging the U.S. Environmental Protection Agency’s (EPA) May 3,...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

Hogan Lovells

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

Hogan Lovells on

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

Bergeson & Campbell, P.C.

EPA Argues for Remand of Final Rule Amending Risk Evaluation Framework

On March 21, 2025, the U.S. Court of Appeals for the District of Columbia Circuit heard oral argument in a case challenging the U.S. Environmental Protection Agency’s (EPA) May 3, 2024, final rule amending the procedural...more

K&L Gates LLP

Litigation Minute: Emerging Contaminants: Minimizing and Insuring Litigation Risk

K&L Gates LLP on

What You Need to Know in a Minute or Less - As the scientific and regulatory landscape surrounding various emerging contaminants shifts, so too do the options that companies can consider taking to minimize and insure against...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

Goldberg Segalla

New Strategy is Embraced for Product Identification in Multidistrict PFAS Litigation

Goldberg Segalla on

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

ArentFox Schiff

Two New Procedural Wrinkles That May Disincentivize Challenges to Federal Policies

ArentFox Schiff on

The first weeks of the Trump Administration have been defined by executive orders and new policies that were immediately challenged on constitutional or statutory grounds....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

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

WilmerHale

Readily Ascertainable - WilmerHale's Trade Secret Bulletin: November - December 2024

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Welcome to WilmerHale’s bulletin on recent trade secret case law and relevant news items. We’ve affectionately nicknamed it “Readily Ascertainable” because, unlike a trade secret, it should be easy to figure out....more

Epiq

Three Lessons From the Front Lines of Medical Monitoring

Epiq on

When the Environmental Protection Agency (EPA) recently announced its first-ever regulation of acceptable drinking water levels for six per- and poly-fluoroalkyl substances (PFAS), which are often referred to as "forever...more

Oberheiden P.C.

EPA Litigation Defense in 2024: Strategies for Companies Facing Civil or Criminal Penalties

Oberheiden P.C. on

The U.S. Environmental Protection Agency (EPA) is responsible for enforcing the federal laws, regulations, and Executive Orders focused on protecting the environment for the benefit of the American people, threatened and...more

Maron Marvel

Cleaning Up Some Misconceptions About New York’s Laundry Detergent Ban

Maron Marvel on

Earlier this year, the news was rampant with misleading stories that New York became the first state in the union to ban certain laundry detergents for containing 1,4-Dioxane after a third-party lab conducted testing on...more

Searcy Denney Scarola Barnhart & Shipley

Paraquat: The Basics, the Symptoms and the Legislation Against It

The subject of six lawsuits filed in three states, paraquat is widely used in the agricultural industry and, sadly, often causes illnesses to those least able to care for themselves: workers. Workers on farms and ranches...more

Holland & Knight LLP

DOJ Issues Memorandum Precluding Reliance on Agency Guidance in Enforcement Cases

Holland & Knight LLP on

On Jan. 25, 2018, the Associate Attorney General issued a memorandum limiting use of agency guidance documents in affirmative civil enforcement cases brought by the U.S. Department of Justice (DOJ). In a move which could have...more

Miles & Stockbridge P.C.

EPA's New Enforcement Initiative Stumbles Out of the Gate

As a result of the D.C. Court of Appeals' (COA) ruling on September 26, 2016 invalidating a Department of Labor, Occupational Safety and Health Administration (OSHA) Memorandum, one of the U.S. Environmental Protection...more

K&L Gates LLP

Sue and Settle – The Growing Problem of Closed-Door Rulemaking

K&L Gates LLP on

So-called “sue and settle” tactics are becoming an increasingly popular, problematic, and oftentimes successful litigation strategy used by pro-regulatory environmental groups. Because these groups, as well as regulators, are...more

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