On May 30, the United States District Court for the Central District of California determined that judicial review of whether state response costs are recoverable under Section 107(a)(4)(A) of the Comprehensive Environmental...more
On May 19, the Eastern District of New York (the Court) dismissed claims brought by the Town of Oyster Bay, New York (the Town) under Section 20(a)(1) of the Toxic Substances Control Act (TSCA)1 and for public nuisance...more
6/3/2025
/ Citizen Suits ,
Contamination ,
Environmental Litigation ,
Environmental Protection Agency (EPA) ,
Environmental Violations ,
Hazardous Substances ,
Motion to Dismiss ,
New York ,
Public Nuisance ,
Site Remediation ,
Statute of Limitations ,
Toxic Substances Control Act (TSCA)
In this episode of "Terra Firma: Conversations on Commercial Real Estate," Kegan A. Brown, partner in Lowenstein's Environmental Law & Litigation group, joins Real Estate partner Kimberly E. Lomot for a discussion on PFAS,...more
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
On April 25, the New Jersey Superior Court Appellate Division reversed a trial court’s order dismissing the New Jersey Department of Environmental Protection’s (NJDEP) complaint as time-barred in NJDEP v. Desai. The ruling...more
4/29/2025
/ Appeals ,
Contamination ,
Environmental Liability ,
Environmental Litigation ,
Government Agencies ,
Hazardous Substances ,
Judicial Authority ,
Motion to Dismiss ,
New Jersey ,
Remediation ,
Statute of Limitations
On August 28, the New Jersey Department of Environmental Protection (NJDEP) issued a “Per- and Polyfluoroalkyl Substances (PFAS) Sampling Fact Sheet” (Fact Sheet), setting forth several considerations for persons responsible...more
In another step toward broader regulation of per- and polyfluoroalkyl substances (PFAS), on August 29, 2024, New Jersey, New Mexico, and North Carolina (the States) submitted a petition (Petition) urging the United States...more