News & Analysis as of

Environmental Litigation Environmental Protection Agency (EPA)

Harris Beach Murtha PLLC

Defense Attorneys Have Options on EPA’s Assessment of Sewage Containing PFAS

The public comment period recently closed on the Environmental Protection Agency (EPA) January 2025 draft assessment evaluating potential human health and environmental risks associated with the disposal and land application...more

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

Project Emissions Accounting/Clean Air Act: Environmental Defense Fund Files Judicial Challenge to U.S. Environmental Protection...

The Environmental Defense Fund, Environmental Integrity Project, Natural Resources Defense Council, and Sierra Club (collectively, “EDF”) filed in the United States Court of Appeals for the District of Columbia Circuit an...more

Fox Rothschild LLP

PFAS Drinking Water Rule Litigation Stay Lifted; 30-Day Extension Sought in Hazardous Substance Designation Case

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The U.S. Court of Appeals for the D.C. Circuit granted EPA’s motion to lift the stay in the litigation challenging the maximum contaminant levels (MCLs) for six PFAS chemicals (PFOA, PFOS, PFHxS, PFNA, HFPO-DA commonly known...more

Akin Gump Strauss Hauer & Feld LLP

EPA Officially Proposes Revocation of Endangerment Finding

The Environmental Protection Agency (EPA) recently published its heavily anticipated proposal to revoke its 2009 determination under section 202(a) of the Clean Air Act (CAA) that greenhouse gases (GHG) "cause, or contribute...more

Akin Gump Strauss Hauer & Feld LLP

Global Warning: ICJ Declares Climate Obligation

On July 23, 2025, the International Court of Justice (ICJ) issued a landmark advisory opinion, holding that nation-states have obligations under international law to mitigate greenhouse gas (GHG) emissions, adapt to the...more

Morris, Manning & Martin, LLP

11th Circuit Applies Sackett in Upholding Dismissal of Alleged Wetland Violations

On July 29th, the Eleventh Circuit affirmed the dismissal of a lawsuit brought by environmental groups for alleged violations of the Clean Water Act resulting from the alleged illegal filling of wetlands on Georgia’s coast....more

Nossaman LLP

What is Trump Doing With PFAS?

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Per- and polyfluoroalkyl substances (PFAS) are the contaminant of concern across the water industry. The Biden Administration was active in its approach to PFAS regulation, announcing drinking water maximum contaminant...more

Foley Hoag LLP

EPA Contemplating Purported Termination of All $7 Billion in Solar for All Grants

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Key Takeaways - - EPA is reportedly drafting termination letters purporting to cancel all 60 awards—totaling $7 billion—made under the Inflation Reduction Act’s Solar for All program. - The threatened terminations are the...more

Pillsbury - PFAS Observer

D.C. Circuit Restarts Litigation over EPA’s PFAS Drinking Water Standards, Continues Pause in CERCLA Litigation

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

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

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

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

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

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

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

Citizen Suit Enforcement/Clean Water Act: Environmental Organizations Challenge Approval of Western Lake Eerie TMDL

Waterkeeper Alliance, Lake Eerie Waterkeeper, and Food & Water Watch (collectively, “Waterkeeper”) filed a Complaint in the United States District Court for the Northern District of Ohio (“Court”) against the United States...more

Holland & Knight LLP

Podcast - Diamond Alternative Energy, LLC v. EPA: The Intersection of Constitutional and Environmental Law

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In this episode of our "An Energized Exchange" podcast series, presented by the Energy & Natural Resources Industry Sector Group, attorneys Zach Pilchen, Brian Bunger and Rafe Petersen discuss the U.S. Supreme Court's...more

Bergeson & Campbell, P.C.

Community and Environmental NGOs File Suit After EPA Denies TSCA Section 21 Petition Concerning Prohibition of Hydrogen Fluoride...

As reported in our May 14, 2025, blog item, on May 12, 2025, the U.S. Environmental Protection Agency (EPA) denied a petition filed under Section 21 of the Toxic Substances Control Act (TSCA) seeking to prohibit the use of...more

Bergeson & Campbell, P.C.

PANNA Files Writ of Mandamus against EPA for Failing to Respond to Petition to Cancel Organophosphate Pesticides

On June 30, 2025, the Pesticide Action and Agroecology Network North America (PANNA) and several other non-governmental organizations (together, Petitioner) filed a Petition for Writ of Mandamus (Mandamus Petition) in the...more

MG+M The Law Firm

New Study Suggests Human Gut Bacteria May Aid in PFAS Absorption

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A recent study published in Nature Microbiology by researchers at the University of Cambridge revealed that certain human gut bacteria may have the capacity to bioaccumulate per- and polyfluoroalkyl substances (PFAS) and...more

Farella Braun + Martel LLP

EPA Seeks a Fourth Abeyance to Reassess Its 2024 Designation of PFOA and PFOS as CERCLA Hazardous Substances

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

Bergeson & Campbell, P.C.

EPA Withdraws Motion to Hold Asbestos Case in Abeyance, Will Explore Using Guidance to Clarify Workplace Protection Requirements 

As reported in our June 28, 2025, blog item, on June 16, 2025, the U.S. Environmental Protection Agency (EPA) filed a motion with the U.S. Court of Appeals for the Fifth Circuit requesting that litigation over its 2024 final...more

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

Recommendations for Superfund Cleanup Program Improvements: Association of State And Territorial Solid Waste Management Officials...

The Association of State And Territorial Solid Waste Management Officials (“ASTSWMO”) released a position paper titled: RECOMMENDATIONS FOR SUPERFUND CLEANUP PROGRAM IMPROVEMENTS (“Position Paper”)....more

Tonkon Torp LLP

U.S. Supreme Court Limits EPA Discretion in Landmark NPDES Permit Decision

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The Supreme Court’s recent decision in City and County of San Francisco v. Environmental Protection Agency, (EPA) 604 U.S. ____ (2025) significantly alters the regulatory landscape for NPDES permits under the Clean Water Act...more

Stoel Rives LLP

Recent Ninth Circuit Decision Suggests Effluent Limitation Guidelines Across Multiple Industry Categories May Be Changing Soon

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In its recent decision in Waterkeeper Alliance v. U.S. Environmental Protection Agency, No. 23-636 (9th Cir. June 18, 2025), the Ninth Circuit Court of Appeals held that the Environmental Protection Agency (EPA) failed to...more

Holland & Knight LLP

SCOTUS Clean Air Act Cases: What’s New?

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In this episode of our "An Energized Exchange" podcast series, presented by the Energy & Natural Resources Industry Sector Group, attorneys Andy Kriha, Susan Lafferty and Zach Pilchen break down recent U.S. Supreme Court...more

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