[Podcast] Catching Up on Canadian Environmental Regulation
The Great Green North: A Discussion on Canada’s Environmental Regulations
Recent Actions on Ag Biotech by EPA’s Emerging Technologies Branch
In its recent decision in Waterkeeper Alliance v. U.S. Environmental Protection Agency, No. 23-636 (9th Cir. June 18, 2025), the Ninth Circuit Court of Appeals held that the Environmental Protection Agency (EPA) failed to...more
Because the risks posed by superfund sites pale in comparison to the risks posed by air pollution and broader water pollution issues regulated under the Clean Water Act, I have been and remain deeply skeptical of the Trump...more
In natural resource damage assessment (NRDA) cases, the discount rate used to convert effects across different time periods to present value equivalents is a critical parameter. This rate directly influences both the scale of...more
Science-based targets (SBTs) rely on scientific facts to achieve specific conditions or outcomes. SBTs reflect the best available science and set goals intended to prevent human activities from harming the environment....more
The United States Court of Appeals for the Ninth Circuit (“Ninth Circuit”) addressed in a June 18th Opinion an issue involving the Clean Water Act Effluent Limit Guidelines (“ELGs”). See Waterkeeper Alliance, et al., v....more
The Southern Environmental Law Center (“SELC”), on behalf of the National Association for the Advancement of Colored People, sent a June 17th Notice of Intent to Sue (“Notice”) to various entities stated to be associated with...more
Each year, many California businesses receive letters from private entities, typically environmental nongovernmental organizations (Citizen Groups), alleging that those businesses’ facilities are in violation of applicable...more
The Environmental Integrity Project and Kentucky Resources Council (collectively, “EIP”) filed a June 9th Title V Petition to Object (“Petition”) before the United States Environmental Protection Agency (“EPA”) related to...more
On May 29, 2025, the Supreme Court held that the National Environmental Policy Act (NEPA) — which requires federal agencies to analyze the environmental impacts of projects that they perform, fund, or approve — does not...more
On May 12, 2025, the Sixth Circuit issued a published decision in Georgia-Pacific Consumer Prods. LP, et al. v. NCR Corp. finding that a party previously found liable under CERCLA Section 107 is not entitled to declaratory...more
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
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
The Center for Biological Diversity (“CBD”) filed a May 8th Clean Air Act Title V Petition to Object (“Petition”) before the United States Environmental Protection Agency (“EPA”) relating to Bargath, LLC for the Hyrup...more
The organization American Rivers announced in an April 15th news release its annual list of America’s Most Endangered Rivers. The organization states that it reviews nominations for America’s Most Endangered Rivers from...more
The Conservation Law Foundation (“CLF”) and Twin Rivers Technologies (“TRT”) entered into a March 30th Consent Decree (“CD”) addressing alleged violations of the Clean Air Act and the Clean Water Act. See No....more
Three individuals (collectively, “Plaintiffs”) filed on April 18th a class action Complaint (“Complaint”) against Eco-Vista, LLC (“Eco-Vista”), in the Circuit Court of Washington County, Arkansas. See 72CV-25-1748....more
An Update on the Legal Landscape Surrounding Plastic Pollution - It’s hard to reflect on “Our Power, Our Planet” this Earth Day without discussing plastic. Plastic is deeply embedded in our daily lives. Consider, for...more
In Port Arthur Community Action Network (PACAN) v. Texas Commission on Environmental Quality, the Texas Supreme Court clarified the statutory definition of “Best Available Control Technology”(BACT) under the Texas Clean Air...more
The Center for Biological Diversity and other organizations filed a March 10th Petition for Writ of Mandamus (“Petition”) before the United States Court of Appeals for the District of Columbia Circuit asking that the United...more
In City and County of San Francisco v. Environmental Protection Agency, 604 U.S. ___, 145 S. Ct. 704 (2025), in a 5-4 decision issued on March 4, the Supreme Court of the United States struck down two provisions in San...more
Two environmental organizations sent a May 17th document to the United States Environmental Protection Agency (“EPA”) styled: Notice of Intent to File Suit to Compel Performance of a Non-Discretionary Duty Under Section...more
The U.S. Supreme Court last week, in a 5-4 decision, held that discharge permit “end-result” requirements—those that make a permittee responsible for the quality of the receiving water into which the permittee discharges—are...more
In a 5-4 ruling on March 4, the U.S. Supreme Court held that the Environmental Protection Agency (EPA) lacks authority to impose Clean Water Act (CWA) conditions in National Pollutant Discharge Elimination System (NPDES)...more
On March 3, 2025, the U.S. Supreme Court decided City and County of San Francisco, California v. Environmental Protection Agency, No. 23-753, holding that Section 1311(b)(1)(A) of the Clean Water Act does not authorize the...more
The Center for Biological Diversity (“CBD”) filed a Petition for Review (“Petition”) in the United States Court of Appeals for the Eleventh Circuit challenging the United States Environmental Protection Agency (“EPA”)...more