News & Analysis as of

Rulemaking Process Appeals Environmental Litigation

Fox Rothschild LLP

Litigation Over PFAS Designation as Hazardous Substances Remains on Hold

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On April 30, 2025, the U.S. Court of Appeals for the D.C. Circuit granted an additional 30-day abeyance in the challenge to EPA’s Final Rule designating Perfluorooctanoic Acid (PFOA) and Perfluorooctanesulfonic Acid (PFOS) as...more

Troutman Pepper Locke

D.C. Circuit Denies Healthy Gulf’s and Sierra Club’s Petition for Review of FERC Order Authorizing Construction and Operation of...

Troutman Pepper Locke on

On March 28, 2025, the D.C. Circuit denied a joint petition for review brought by Healthy Gulf and Sierra Club (together, “Petitioners”) challenging FERC’s grant of a certificate of public convenience and necessity (CPCN) to...more

Fox Rothschild LLP

EPA Requests Additional 30-Day Abeyance in PFAS Drinking Water Rule Litigation

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On April 8, 2025, the U.S. Environmental Protection Agency (EPA) requested the U.S. Court of Appeals for the D.C. Circuit extend the abeyance in the challenge to EPA’s Final Rule establishing PFAS MCLs. The petitioners and...more

Bergeson & Campbell, P.C.

Appellate Court Vacates Requirement that Downstream Entities Reporting by Non-Confidential Accession Number Assert CBI Claims

On December 20, 2024, the U.S. Court of Appeals for the District of Columbia Circuit denied the Environmental Defense Fund’s (EDF) petition and granted the American Chemistry Council (ACC) and American Fuel and Petrochemical...more

Ballard Spahr LLP

Colorado Supreme Court Issues Win for Oil and Gas Industry

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The Colorado Supreme Court on January 14 issued an opinion thought to be favorable to Colorado's oil and gas industry....more

Best Best & Krieger LLP

[WEBINAR] Fairly (or Unfairly?) Traceable: Are Discharges Through Groundwater Subject to the Clean Water Act?

A recent decision by the U.S. Ninth Circuit Court of Appeals (Hawai'i Wildlife Fund v. County of Maui) created a new standard for permitting under the Clean Water Act — one that captures discharges from point sources through...more

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