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 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
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
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
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
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
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
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
In the latest edition of the PFAS Primer Quarterly Update, our roundup of regulatory, litigation, and scientific actions involving PFAS, states exempt PFAS products – except the states that don’t, defendants can remove PFAS...more
Per- and polyfluoroalkyl substances (PFAS) litigation is rapidly becoming one of the most dynamic and evolving areas of environmental law. With thousands of cases consolidated in the Aqueous Film-Forming Foams (AFFF)...more
Affected landowners may be able to avail themselves of certain protections under state and federal environmental laws. In the aftermath of the wildfires in the Los Angeles area in January 2025, a cleanup effort is...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)....more
Maryland has filed suit against W.L. Gore & Associates (Gore), a downstream user of PFAS-containing materials, alleging that its manufacturing processes contributed to PFAS contamination through its use of...more
In a move that signals potential policy shifts under the new administration, the U.S. Court of Appeals for the District of Columbia Circuit granted EPA’s requests for 60-day stays in two high-profile cases challenging...more
On January 15, 2025, the United States Environmental Protection Agency (“EPA”) published its “Draft Sewage Sludge Risk Assessment for Perfluorooctanoic Acid (PFOA) and Perfluorooctane Sulfonic Acid (PFOS)” (“Draft Risk...more
A federal appeals court has granted the Environmental Protection Agency’s request for a 60-day abeyance in litigation challenging the Maximum Contaminant Levels (MCLs) for six PFAS chemicals. In a February 7, 2025, decision,...more
In 2019, the New Jersey Department of Environmental Protection (NJDEP) brought suit against Dupont and 3M seeking clean-up, removal, and costs for what NJ officials claimed was more than 100 years of indiscriminate dumping of...more
As part of the agency’s efforts to regulate per- and polyfluoroalkyl substances (PFAS), the EPA released a draft risk assessment for use of sewage sludge that is land-applied as a soil conditioner or fertilizer. Public...more
In a move much anticipated by the real estate, environmental, financial, and business communities, the Connecticut Department of Energy and Environmental Protection (CT DEEP) released this week its Release-Based Cleanup...more
For the second year in a row, 2024 was a banner year for the regulation of per- and polyfluoroalkyl substances (PFAS) at the federal level. Various federal agencies, including the Environmental Protection Agency (EPA), Food...more
As we turn to 2025 and a new administration, there are a few areas of per- and polyfluoroalkyl substances (PFAS) law worth watching in the short term, including the regulation of the chemicals in water and their treatment...more