Navigating the Inflation Reduction Act: Insights on Brownfield Energy Community Credits - Energy Law Insights
On September 4, 2025, EPA released its Unified Agenda which includes plans for a number of per- and polyfluoroalkyl substances (PFAS) regulatory actions. The PFAS regulatory agenda is consistent with Administrator Zeldin’s...more
On September 4, 2025, the Office of Management and Budget (OMB) published the Trump Administration’s Spring 2025 Unified Agenda. The U.S. Environmental Protection Agency’s (EPA) Unified Agenda includes the following...more
On Sept. 3, the U.S. Court of Appeals for the 9th Circuit held that the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) authorizes recovery of natural resource damages for the lost use of...more
Defining the scope of CERCLA natural resources damages is a rare occurrence in the Ninth Circuit, which is what is interesting about the recent decision in the case of Confederated Tribes of the Colville Reservation v. Teck...more
With new scientific information and legal developments emerging daily, concerns over per- and polyfluoroalkyl substances (PFAS) contamination have moved from future threat to present liability —including for buildings that...more
The United States District Court for the Northern District of New York, applying New York law, has determined that an insurer had a duty to defend an insured because a carve-out to the relevant pollution exclusion applied....more
“Contaminants Compass” is a monthly newsletter that provides updates, legal observations and actionable tips to navigate the evolving legal challenges of per- and polyfluoroalkyl substances (PFAS) and similar chemicals and...more
Our Environment, Land Use & Natural Resources Group outlines the Pipeline and Hazardous Materials Safety Administration’s key proposed rule changes to simplify hazardous materials transportation regulations and reduce...more
On August 4, 2025, the Internal Revenue Service (IRS) published a notice of determinations that modifies the list of taxable substances to include the following 21 substances: polyphenylene sulfide, cellulose acetate (degree...more
Several weeks ago, Seth Jaffe posted a piece on this blog about the Comprehensive Environmental Response Compensation and Liability Act. I disagree with him. If you want to reduce the overall cost to the economy of the...more
On July 23, 2025, the White House issued an Executive Order titled “Accelerating Federal Permitting of Data Center Infrastructure.” Released alongside “America’s Artificial Intelligence (AI) Action Plan,” the Order reflects a...more
The United States Court of Appeals for the Sixth Circuit (“Court”) in a May 12th Opinion addressed issues arising out of actions being brought to recover cleanup costs under the Comprehensive Environmental Response,...more
On July 22, 2025, the U.S. Court of Appeals for the District of Columbia (D.C.) Circuit granted a motion by the Environmental Protection Agency (EPA) to lift the abeyance in consolidated litigation challenging the agency’s...more
On July 23, the White House released “Winning the Race: America’s AI Action Plan,” (the "Plan") in response to President Trump’s January 23 Executive Order, “Removing Barriers to American Leadership in Artificial...more
The U.S. District Court for the Eastern District of Wisconsin (“Court”) addressed in a January 28th Opinion issues arising under the Comprehensive Environmental Response, Compensation, and Liability Act (“CERCLA”), 42 U.S.C....more
EPA has been granted a fourth abeyance of pending litigation related to the Biden administration’s designation of PFOA and PFOS as hazardous substances under CERCLA....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
Addressing PFAS continues to challenge local government, water providers, and wastewater providers, particularly in a rapidly changing regulatory environment. Regulatory initiatives will have costly and widespread impacts on...more
The National Municipal Stormwater Alliance (“NMSA”) submitted April 4th comments to the United States Environmental Protection Agency (“EPA”) addressing the proposed Clean Water Act National Pollutant Discharge Elimination...more
EPA has again obtained extensions of the stays in the litigation challenging the MCLs for six PFAS and the litigation challenging the hazardous substance designation for PFOS and PFOA. EPA requested the U.S. Court of...more
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 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
Environmental litigation is evolving. Once dominated by scientific testimony and regulatory interpretation, it now demands financial clarity as well. From toxic torts and groundwater contamination to disputes over regulatory...more
The EPA is continuing to reevaluate whether to change its position regarding the Biden administration’s 2024 listing of PFOA and PFOS as hazardous substances under CERCLA....more
The Association of State and Territorial Solid Waste Management Officials (“ASTSWMO”) has published a document tilted: Transitioning Fund-Financed Site Remedies from EPA to the States: A Guide for Project Managers...more