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Environmental Litigation Appellate Courts

Hogan Lovells

Supreme Court sets new rules for Clean Air Act lawsuits

Hogan Lovells on

In Environmental Protection Agency v. Calumet Shreveport Refining, L.L.C., the Supreme Court set out the test for determining the proper venue for judicial review of EPA actions under the Clean Air Act (CAA). Challenges to...more

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

Stormwater Runoff/Residential Development: Arkansas Court of Appeals Addresses Jurisdictional Issue

The Court of Appeals of Arkansas (“Court”) addressed in a May 14th Opinion a jurisdictional dispute involving alleged residential development stormwater runoff issues. See Centofante, et al. v. Ferguson, 2025 WL 1386368. ...more

Goldberg Segalla

Venue Matters: Supreme Court Clarifies Where Clean Air Act Cases Belong

Goldberg Segalla on

On June 18, the U.S. Supreme Court issued two decisions that clarify a deceptively simple question under the Clean Air Act: Where should lawsuits challenging EPA actions be filed? The rulings – EPA v. Calumet Shreveport...more

McGlinchey Stafford

SCOTUS: Choose the Right Venue in Clean Air Act Issues

McGlinchey Stafford on

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

Holland & Knight LLP

Up in the Air: SCOTUS Creates New Venue Test for Clean Air Act Cases

Holland & Knight LLP on

The U.S. Supreme Court issued a pair of decisions in EPA v. Calumet Shreveport Refining and Oklahoma v. EPA on June 18, 2025, resolving two related circuit splits regarding proper venue for challenging certain U.S....more

ArentFox Schiff

Supreme Court Clarifies Venue Rules for Clean Air Act Challenges

ArentFox Schiff on

US Supreme Court Clean Air Act (CAA) decisions often result in big-picture changes to administrative law. Two CAA decisions this term deal with CAA’s venue-related provisions which specify where cases challenging US...more

Holtzman Vogel Baran Torchinsky & Josefiak

Supreme Court Interprets the Clean Air Act's Venue Provision in Companion Cases 

Today, the Supreme Court interpreted the Clean Air Act’s venue framework for judicial review of EPA actions. Under 42 U. S. C. §7607(b)(1), “nationally applicable” EPA actions can be challenged only in the D. C. Circuit,...more

Moritt Hock & Hamroff LLP

MHH Condo/Co-op Digest, (June 2025)

This newsletter explores the emerging legal topics and issues affecting the condominium and cooperative services industry. Thought-leading attorneys from Moritt Hock & Hamroff’s Condominium and Cooperative Services Practice...more

Faegre Drinker Biddle & Reath LLP

Fifth Circuit Clouds Threshold Dose Analysis in Ruffin v. BP

Plaintiffs in toxic tort cases must prove both general and specific causation, generally through the testimony of experts. Experts must establish that a specific chemical exposure can (and did) cause the specific injury at...more

Nossaman LLP

New Court Case Reasserts Reasonableness as a Limitation on Water Use

Nossaman LLP on

On April 2, 2025, the Court of Appeal for California’s Fifth Appellate District issued its decision in Bring Back the Kern v. City of Bakersfield, 2025 S.O.S. 909. That case held that courts must apply the reasonableness...more

Downey Brand LLP

Sixth District Holds CEQA 30-Day Statute of Limitations Triggered by Local Agency’s Definition of “Final” Approval

Downey Brand LLP on

In Center for Biological Diversity v. County of San Benito (2024) 104 Cal.App.5th 22, the Court of Appeal held that the statute of limitations for two CEQA challenges did not begin to run until the Board of Supervisors had...more

Foley Hoag LLP - Environmental Law

In the Void Left by Congress's Failure to Address Plastic Pollution, More Litigation Such as This Is Inevitable

Last November, I posted about litigation filed by New York State Attorney General Letitia James, asserting public nuisance and other claims against PepsiCo concerning contamination of the Buffalo River. At the time, I...more

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

Waters of the United States/Clean Water Act: Federal Appellate Court Addresses Jurisdictional Challenge

The United States Court of Appeals for the Fifth Circuit (“Fifth Circuit”) addressed in a December 18, 2023, Consolidated Opinion whether certain Louisiana wetlands were subject to Clean Water Act jurisdiction. See Lewis v....more

Warner Norcross + Judd

Michigan Court of Appeals Finds PFAS Standards Invalid

Warner Norcross + Judd on

On August 22, the Michigan Court of Appeals upheld 3M Company’s challenge to rules announced by the Michigan Department of Environment, Great Lakes and Energy (EGLE) that regulate the amount of certain per- and...more

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

Sand and Gravel Mine/Order on Consent: New York Appellate Court Addresses Challenge to Remediation Plan

The New York Supreme Court (Appellate Division) (“Court”) addressed in a March 3rd Memorandum and Order (“Memorandum”) a challenge to the New York Department of Environmental Conservation’s (“NYDEC”) acceptance of a...more

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

Solid and Hazardous Waste/Recycling Administrative/Judicial Developments (2020-2021): May 20th Arkansas Environmental Federation...

I undertook an Arkansas Environmental Federation webinar held by the organization’s Land and Sustainability Committee on May 20th titled: Solid and Hazardous Waste/Recycling Administrative/Judicial Developments: 2020-2021...more

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