News & Analysis as of

Environmental Litigation Environmental Protection Agency (EPA) Groundwater

Pillsbury - PFAS Observer

Maryland Files PFAS Suit Against Downstream Manufacturer

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

McGuireWoods LLP

Contaminants Compass: January 2025 Edition

McGuireWoods LLP on

“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). This edition discusses the...more

(ACOEL) | American College of Environmental...

Tack Into The Wind

BEFORE THE SUPREME COURT OF THE ENVIRONMENT - DeMo Crate, LLC, Plaintiff, vs. Republic Canning Co., Defendant. JKDNG:02292022 RULING ON APPEAL - Justice Toldyu delivered the opinion of the Court, in which...more

Farella Braun + Martel LLP

Summary of Latest Federal Action Regarding PFAS

A few considerations practitioners should keep in mind when dealing with contamination involving per- and polyfluoroalkyl substances (PFAS) contamination. The PFAS Action Act of 2021 passed in the House and was received in...more

Foley Hoag LLP - Environmental Law

Maui’s “Functional Equivalent” Test: Courts Are Still Feeling Their Way

Earlier this month, the 9th Circuit vacated the District Court judgment in a Clean Water Act citizens’ suit, because the basis for the judgment had been undermined by the Supreme Court decision in Maui. The decision is not a...more

Pillsbury - Gravel2Gavel Construction & Real...

Environmental Law – The Year in Review

JANUARY 2020 - FEDERAL APPELLATE COURTS - U.S. Court of Appeals for the Fifth Circuit - El Paso County, Texas, et al. v. Donald J. Trump, et al. On January 8, 2020, a divided panel of the court quickly granted a...more

Farella Braun + Martel LLP

Perfluorinated Compounds: No Longer an Emerging Contaminant

Lawsuits present major liability risks to PFAS manufacturers and industries that historically used PFAS in their operations. Per- and polyfluoroalkyl chemicals (PFAS) are synthetic, human-made compounds that were...more

Pillsbury Winthrop Shaw Pittman LLP

EPA Proposed Regulatory Determination Represents a Step in Creating Standards for PFAS

The proposal marks another instance of EPA follow-through on its 2019 PFAS Action Plan. The SDWA requires EPA to make regulatory determinations every five years based on whether chemicals in public water systems pose a...more

Snell & Wilmer

Forever Chemicals (PFAS) Start New Decade With Flurry of Scrutiny

Snell & Wilmer on

The first few weeks of 2020 have seen regulatory and litigation attention heaped upon what have come to be known as “forever chemicals” or Per-and Polyfluoroalkyl Substances (PFAS), which encompass more than 5,000 chemical...more

Best Best & Krieger LLP

[WEBINAR] Fairly (or Unfairly?) Traceable: Are Discharges Through Groundwater Subject to the Clean Water Act?

A recent decision by the U.S. Ninth Circuit Court of Appeals (Hawai'i Wildlife Fund v. County of Maui) created a new standard for permitting under the Clean Water Act — one that captures discharges from point sources through...more

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