News & Analysis as of

Environmental Litigation

Nelson Mullins Riley & Scarborough LLP

IARC to Evaluate Key Plasticizers for Carcinogenic Risk in June 2026

The International Agency for Research on Cancer (IARC) has recently announced that it will be evaluating three plasticizers between June 9-16 of 2026. The additives to be evaluated include butyl benzyl phthalate (BBP),...more

Goldberg Segalla

Does EtO’s Recent Regulatory Battle Victory Mean It Will Win the War?

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Following years of heightened concern about the dangers of exposure to ethylene oxide (EtO), increased regulatory oversight, and a steady hum of litigation, in 2025 it seems like things might be changing for the beleaguered...more

Harris Beach Murtha PLLC

NY Judge Sides with Harris Beach Murtha Client in CLCPA Challenge

A New York court has rejected a lawsuit challenging the New York State Department of Environmental Conservation’s (NYSDEC) renewal of the Caithness Long Island Energy Center’s (CLI Facility) Title V air permit as purportedly...more

Goldberg Segalla

What in the World?! ICJ Issues Landmark Opinion on Climate Change

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In a unanimous decision on July 23, 2025, the fifteen judges on the United Nations’ International Court of Justice (“ICJ”), also known as the “World Court,” concluded that the production and consumption of fossil fuels “may...more

Tonkon Torp LLP

Oregon EPR Law Challenged by Impacted Businesses on Constitutional Grounds

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On July 30, 2025, the National Association of Wholesaler-Distributors (NAW) filed suit against the Oregon Department of Environmental Quality and the Oregon Environmental Commission alleging that Oregon’s Plastic Pollution...more

Brownstein Hyatt Farber Schreck

CEQA News You Can Use, August 2025 - Volume 10, Issue 2

Welcome to “CEQA News You Can Use,” a quarterly production of Brownstein Hyatt Farber Schreck, LLP’s Natural Resources lawyers. This publication provides quick, useful bites of CEQA news, which we hope can be a resource for...more

Pillsbury Winthrop Shaw Pittman LLP

New International Court of Justice Advisory Opinion Raises Global Liability Stakes Around GHG Emissions and Climate Change amid...

The Opinion interprets member states’ responsibilities under treaty and customary international law. In a sweeping and landmark declaration, the Opinion advises that member states have a duty to reduce emissions, regulate...more

Flaster Greenberg PC

The World Court Rules on Fossil Fuels: Flaster Greenberg

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The International Court of Justice (ICJ) at The Hague thrust itself into the energy/climate debate last week. Via a unanimous advisory opinion issued in connection with a complaint filed by the nation of Vanuatu, the ICJ...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Lead/Safe Drinking Water Act: Earthjustice Petition to U.S. Environmental Protection Agency Addressing Syracuse, New York

Earthjustice submitted a July 28th document to the United States Environmental Protection Agency (“EPA”) styled: Petition for Emergency Action under the Safe Drinking Water Act, 42 U.S.C. § 300i and 42 U.S.C. §...more

Womble Bond Dickinson

Key U.S. Litigation Risks from Overseas Operations in the Energy and Natural Resources Sector

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Energy and natural resources businesses in the United States continue to face legal risk in the United States from the human rights and environmental impacts of their operations abroad. However, these legal risks have...more

Oliva Gibbs

Making a splash in the courts: The Cactus decision

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In a landmark decision, the Supreme Court of Texas held in Cactus Water Services, LLC v. COG Operating, LLC, that produced water belongs to the operator. When presented with a case where both the operator and a third party...more

Farella Braun + Martel LLP

Risks Remain For Housing Developers After Recent CEQA Reforms

On June 30, 2025, California Governor Gavin Newsom signed into law significant reforms to the California Environmental Quality Act (CEQA), seeking to promote housing projects in a state that desperately needs them. Much of...more

Fox Rothschild LLP

State and Federal PFAS Litigation – 2019 to Q2 2025

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PFAS-related litigation continues to climb and to diversify as to claims and parties.  See the attached graphics, updated through the second quarter of 2025.  We will continue to update these graphics on a quarterly basis....more

Mitchell, Williams, Selig, Gates & Woodyard,...

Environmental Liability/Corporate Structure: Federal Bankruptcy Court Addresses Derivative Standing to Pierce Corporate Veil

The United States Bankruptcy Court for the Eastern District of Louisiana ("Court") recently addressed issues arising under Louisiana environmental protection laws and federal bankruptcy law involving an unpermitted landfill...more

Goldberg Segalla

DuPont Agrees to $27M Settlement in Hoosick Falls PFOA Contamination Lawsuit

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Earlier this month, chemical maker DuPont agreed to a $27 million settlement to resolve the Hoosick Falls class action, which involved allegations of perfluorooctanoic acid (PFOA) contamination of the upstate New York...more

Fenwick & West LLP

SEC Climate Rule Saga Continues

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The Securities and Exchange Commission’s (SEC) controversial climate disclosure rules have been essentially dead since last March, when the SEC voted to end its defense of the rules. ...more

Cozen O'Connor

25 Republican AGs Urge Dismissal of Maryland Climate Lawsuits

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Alabama AG Steve Marshall, joined by 24 other Republican AGs, filed an amicus curiae brief urging the Supreme Court of Maryland to dismiss three consolidated climate lawsuits brought by Maryland local governments against...more

Bergeson & Campbell, P.C.

Legislation Introduced to Amend FIFRA to Establish a Private Right of Action for Injuries Caused by Pesticides

On July 17, 2025, U.S. Senator Cory Booker (D-NJ) introduced legislation that would establish a private right of action for injuries caused by pesticides (S.2324). The introduction of S.2324, the Pesticide Injury...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Air Enforcement: Arkansas Department of Energy and Environment - Division of Environmental Quality and Union County Petroleum...

The Arkansas Department of Energy and Environment - Division of Environmental Quality (“DEQ”) and Lion Oil Company, LLC (“Lion”) entered into a July 1st Consent Administrative Order (“CAO”) addressing alleged violations of an...more

Brownstein Hyatt Farber Schreck

CEQA Reform: Admin Record Cleanup and Expanded Litigation Streamlining Eligibility

Note: This is the sixth update in our series covering AB 130 and SB 131, two bills that work substantive changes to the California Environmental Quality Act (CEQA) and California housing law....more

Beveridge & Diamond PC

Preparing for a Wave Citizen Suits: Five Key Strategies on the Diligent Prosecution Bar

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As earlier reported, environmental non-governmental organizations (eNGOs) have promised to pursue enforcement where the Biden EPA left off – they have the legal authority to do so under most environmental federal statutes and...more

Blank Rome LLP

Climate Change Environmental Groups Challenge President’s Executive Orders to Expand Energy Development

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We previously reported that President Trump issued a series of executive actions to fulfill his pledge to advance the United States’ domestic energy economy. These executive actions, such as President Trump’s Executive Orders...more

Greenberg Glusker LLP

Summer’s Heating Up: New Wave of Prop. 65 Notices Targets BPS in Thermal Paper

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In the three months since our previous post about major California businesses being targeted with a Proposition 65 (“Prop. 65”) Notice of Violation (“NOV”) for allegedly exposing California customers to Bisphenol S (BPS) in...more

Fox Rothschild LLP

Update: NJDEP v. DuPont/Chemours PFAS Trial/3M Settlement Comment Period Commenced and Runs through September 19, 2025

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DuPont/Chemours Trial. On June 30, 2025, the next bench trial phase or “mini-trial” commenced in NEW JERSEY DEPARTMENT OF ENVIROMENTAL PROTECTION, ET AL., VS. E.I. DU PONT DE NEMOURS AND COMPANY, ET AL., Docket No....more

Perkins Coie

Failure to Explain Selection of Project Alternative Violated NEPA and APA

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The Ninth Circuit held that the Bureau of Land Management (BLM) acted arbitrarily and capriciously by failing to explain in its Record of Decision why it selected a project alternative that did not meet the development...more

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