In a significant victory for environmental advocacy groups, the Supreme Court’s refusal on June 30, 2025 to grant certiorari in two pivotal cases (Port of Tacoma, et al. v. Puget Soundkeeper Alliance and ExxonMobil Corp., et...more
7/18/2025
/ Air Pollution ,
Citizen Suits ,
Clean Air Act ,
Clean Water Act ,
Compliance ,
Denial of Certiorari ,
Enforcement ,
Enforcement Actions ,
Environmental Litigation ,
Environmental Violations ,
NPDES ,
Penalties ,
Permits ,
Risk Management ,
SCOTUS ,
Standing
On June 18th, the U.S. Supreme Court issued two rulings determining where challenges to Environmental Protection Agency (EPA) actions under the Clean Air Act must be filed.
The Court held challenges to EPA actions that are...more
6/25/2025
/ Appellate Courts ,
Biden Administration ,
Biofuel ,
Clean Air Act ,
Environmental Litigation ,
Environmental Protection Agency (EPA) ,
Environmental Protection Agency v Calumet Shreveport Refining LLC ,
Judicial Authority ,
Ozone ,
Refineries ,
Renewable Fuel ,
SCOTUS ,
State Implementation Plans (SIPs) ,
Statutory Interpretation ,
Trump Administration ,
Venue
In a landmark ruling issued May 29, 2025, the U.S. Supreme Court unanimously reversed the D.C. Circuit in Seven County Infrastructure Coalition v. Eagle County, Colorado, sharply limiting the scope of environmental review...more
6/6/2025
/ Administrative Procedure Act ,
Energy Policy ,
Energy Projects ,
Environmental Impact Statements ,
Environmental Litigation ,
Infrastructure ,
Judicial Review ,
NEPA ,
Oil & Gas ,
Railways ,
Regulatory Authority ,
SCOTUS ,
Seven County Infrastructure Coalition v Eagle County Colorado ,
Statutory Interpretation ,
Surface Transportation Board
On May 16, 2025, the U.S. Court of Appeals for the Fifth Circuit issued a significant ruling in a longstanding dispute between the Texas Commission on Environmental Quality (TCEQ) and the U.S. Environmental Protection Agency...more
On May 12, 2025, the U.S. Court of Appeals for the Sixth Circuit issued a pivotal decision addressing the timing of contribution claims under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA),...more
5/23/2025
/ Appeals ,
CERCLA ,
Contamination ,
Contribution Claims ,
Corporate Counsel ,
Declaratory Judgments ,
Environmental Litigation ,
Hazardous Substances ,
Liability ,
Manufacturers ,
Statute of Limitations ,
Toxic Chemicals
In a case that has profound implications for the regulated community, particularly in the realms of environmental justice, civil rights, and land use planning, the U.S. Fifth Circuit Court of Appeals has permitted plaintiffs...more
The U.S. 5th Circuit Court of Appeals gave a big win to the EPA when it upheld a Biden-era ozone ruling affecting Louisiana and Texas, but there was also a set-back for the EPA when the Court both upheld the ability of such...more
President Donald Trump’s second term has already proven to be an extension of his first-term deregulatory agenda at the U.S. Environmental Protection Agency (EPA). Given historical trends, such deregulation will likely prompt...more
2/20/2025
/ Citizen Suits ,
Clean Air Act ,
Clean Water Act ,
Climate Change ,
Corporate Counsel ,
Deregulation ,
Endangered Species Act (ESA) ,
Environmental Litigation ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
NGOs ,
Regulatory Reform ,
Trump Administration
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
2/7/2025
/ Clean Water Act ,
Contamination ,
Environmental Litigation ,
Liability ,
Litigation Strategies ,
Manufacturers ,
PFAS ,
Popular ,
Public Health ,
Risk Management ,
Settlement ,
Statute of Limitations ,
Toxic Chemicals ,
Toxic Exposure ,
Toxic Substances Control Act (TSCA)
Is federalism alive and well? Has the federal government decided to give up “piling on” and “overfiling” in environmental enforcement actions? It seems so. On July 27, 2020, in an effort to promote federalism, U.S. Department...more
8/6/2020
/ Administrative Consent Order (ACO) ,
Clean Water Act ,
Department of Justice (DOJ) ,
Enforcement Actions ,
Environmental Claims ,
Environmental Litigation ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
Environmental Violations ,
Federal v State Law Application ,
Federalism ,
Justice Manual ,
Policy Memorandums ,
Regulatory Requirements ,
Regulatory Violations ,
Settlement Agreements