Polsinelli Podcasts - FDA Denies Amgen Citizen Petition in Biosimilar Dispute
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
On June 30, 2025, the Supreme Court denied industry group petitions to review and reverse two cases—one out of the Fifth Circuit and the other out of the Ninth Circuit—that could have significantly restricted the ability of...more
The Southern Environmental Law Center (“SELC”), on behalf of the National Association for the Advancement of Colored People, sent a June 17th Notice of Intent to Sue (“Notice”) to various entities stated to be associated with...more
The Environmental Integrity Project and Public Citizen Litigation Group (collectively, “EIP”) filed a Complaint for Declaratory and Injunctive Relief (“Complaint”) in the United States District Court for the Middle District...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
In the environmental space, 2024 has been a memorable year with regulatory efforts and court decisions touching on every aspect of environmental and energy regulation, capped out by a closely divided election....more
On December 11, 2024, the United States Court of Appeals for the Fifth Circuit issued an en banc opinion in Env’t Tex. Citizen Lobby, Inc. v. ExxonMobil Corp., No. 17-20545. The petition for rehearing requested en banc review...more
The Environmental Action Project on behalf of Food & Water Watch (“F&W”) filed a November 15th Clean Air Act citizen suit action in the Court of Common Pleas of Allegheny County, Pennsylvania, against the Allegheny County...more
The Conservation Law Foundation (“CLF”) filed on August 14th a Complaint for Declaratory and Injunctive Relief and Civil Penalties (“Complaint”) against Twin Rivers Technologies, Inc., and Twin Rivers technologies...more
In a jurisprudential pile-up, the Fifth Circuit has become the arena for two simultaneous legal battles that may shape the law of standing and realign federal environmental law. While all eyes are on the U.S. Supreme Court...more
The Clean Air Council filed a May 11th Complaint for Declaratory and Injunctive Relief (“Complaint”) in the United States District Court for the Western District of Pennsylvania against Shell Chemical Appalachia, LLC...more
The scope of suits available to private citizens under the Clean Water Act is not unlimited. A Federal District Court in Massachusetts recently made that clear in dismissing a citizen suit filed by the Conservation Law...more
The Sierra Club and the Environmental Defense Fund (collectively, “Sierra Club”) filed a December 8th Clean Air Act citizen suit action against the United States Environmental Protection Agency (“EPA”) alleging a failure to...more
Last week, the D.C. Circuit Court of Appeals granted a writ of mandamus to the Center for Biological Diversity, imposing a deadline on EPA to issue an “effects determination” concerning the potential impacts of the pesticide...more
In its recent decision in Utah Physicians for a Healthy Environment (UPHE) v. Diesel Power Gear, LLC, et al., a matter involving the hosts of Discovery Channel’s popular show “Diesel Brothers,” the Tenth Circuit Court of...more
The Sierra Club, WildEarth Guardians, Center for Biological Diversity, and High Country Conservation Advocates (collectively “Sierra Club”) and Mountain Coal Company and Arch Resources, Inc. (collectively “Mountain Coal”)...more
A unanimous three-judge panel in the US Court of Appeals for the Tenth Circuit affirmed on December 28, 2021 that private citizens and environmental groups have the right to seek enforcement of the Clean Air Act’s...more
In a somewhat surprising decision issued at the end of 2020, U.S. EPA ruled that Section 112(r)(1) of the Clean Air Act, better known as the “General Duty Clause,” requires facilities to implement the latest industry...more
Over the past decade, there has been an unprecedented shift in investor focus toward the analysis use of Environmental, Social and Corporate Governance (ESG) risks and impacts in investment decision-making. While the...more
The Sierra Club filed on August 18th in the United States District Court for the Eastern District of Texas a Complaint against Woodville Pellets, LLC (“Woodville”) alleging violations of the Clean Air Act. The Complaint...more
The Center for Biological Diversity and Sierra Club (collectively “Sierra Club”) filed a Complaint in District Court (Adams County, Colorado) challenging the Colorado Department of Public Health and Environment, Air Pollution...more
The Conservation Law Foundation (“CLF”) filed a Complaint for Declaratory and Injunctive Relief and Civil Penalties (“Complaint”) in the United States District Court for the District of Massachusetts against Wynn Resorts,...more
A coalition of environmental groups represented by Earthjustice put the United States Environmental Protection Agency (EPA) on notice they intend to file a Clean Air Act citizen suit action over the agency’s alleged failure...more
The Sierra Club and Center for Biological Diversity (collectively “Sierra Club”) sent a September 17th Notice of Intent to Sue (“Notice”) to the University of North Carolina (“UNC”) for alleged violations of the Clean Air...more
The Conservation Law Foundation, Inc., (“CLF”) filed a Complaint for Declaratory and Injunctive Relief and Civil Penalties (“Complaint”) against Transdev North America, Inc., and Transdev Services, Inc., (collectively...more