News & Analysis as of

Environmental Litigation Environmental Violations

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

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

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

Citizen Suit Action/Clean Water Act/RCRA: Federal Court Addresses Jurisdictional Issues

The United States District Court for the Middle District of Tennessee (“Court”) in a March 6th Opinion addressed an issue arising out of a citizen suit action filed under the Clean Water Act, 33 U.S.C. §§ 1251-1389 (“CWA”)...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

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

Citizen Suit Enforcement/Clean Water Act: Trump Tower (Chicago) Enters into Consent Order with Environmental Organizations...

The Illinois Attorney General along with the Sierra Club and Friends of the Chicago River entered into a Consent Order (“CO”) with 401 North Wabash Venture, LLC d/b/a Trump International Hotel & Tower (“Trump Tower”)...more

McGlinchey Stafford

Supreme Court’s Cert Denials Pave Way for Surge in Environmental Citizen Suits

McGlinchey Stafford on

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

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

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

Acquisition of Contaminated Property: Federal District Court Addresses Allocation of Cleanup Costs

The U.S. District Court for the Eastern District of Wisconsin (“Court”) addressed in a January 28th Opinion issues arising under the Comprehensive Environmental Response, Compensation, and Liability Act (“CERCLA”), 42 U.S.C....more

Paul Hastings LLP

Updates on Environmental Criminal Law in France

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Environmental criminal law in France has developed steadily over the past several years. Recently, however, there has been a shift of the political narrative — both in Europe and domestically — toward simplification rather...more

Holland & Hart LLP

Supreme Court Declines to Limit Environmental Citizen Suits

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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

Fox Rothschild LLP

NJDEP v. DuPont/Chemours PFAS Trial Continues/Public Comment Period on Proposed Comprehensive Settlement for 3M Expected to...

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On June 30, 2025 the next bench trial phase or “mini-trial” commences in NEW JERSEY DEPARTMENT OF ENVIROMENTAL PROTECTION, ET AL., VS. E.I. DU PONT DE NEMOURS AND COMPANY, ET AL., Docket No. 19-cv-14766 (RMB/JBC) before the...more

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

Citizen Suit Action/Clean Water Act: Two California Municipalities' Motion Alleges Spoilation of Laboratory Data by Environmental...

The Towns of Sunnyvale and Mountain View, California (collectively, “Cities”) filed a January 17th Pleading against San Francisco Baykeeper (“Baykeeper”) styled: Defendants’ Motion for Sanctions for Spoilation of...more

Allen Matkins

Citizen Suit Enforcement Under the Industrial General Permit: How Businesses Can Avoid Substantial Costs Associated with Notice...

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Each year, many California businesses receive letters from private entities, typically environmental nongovernmental organizations (Citizen Groups), alleging that those businesses’ facilities are in violation of applicable...more

Jones Day

Youth Climate Litigants See Success in One State, Dismissal in Another

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On December 18, 2024, the Montana Supreme Court ruled in the case of Held v. Montana, finding that the Montana Environmental Policy Act ("MEPA") violated the state's constitution. In the midst of great change to the federal...more

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

Oil and Gas Waste/Hazardous Materials Regulations: Environmental Organizations Submit Request for Pipeline and Hazardous Materials...

EARTHJUSTICE on behalf of a number of other organizations submitted a June 4th document to three federal agencies styled: Request for Enforcement of Hazardous Materials Laws in U.S. Oil and Gas Fields (“Request”)....more

Lowenstein Sandler LLP

TSCA Citizen Suit and Public Nuisance Claims Dismissed by EDNY

On May 19, the Eastern District of New York (the Court) dismissed claims brought by the Town of Oyster Bay, New York (the Town) under Section 20(a)(1) of the Toxic Substances Control Act (TSCA)1 and for public nuisance...more

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

Air/Wastewater Enforcement/Citizen Suit Action: Conservation Law Foundation and Quincy, Massachusetts Bio-based Chemical...

The Conservation Law Foundation (“CLF”) and Twin Rivers Technologies (“TRT”) entered into a March 30th Consent Decree (“CD”) addressing alleged violations of the Clean Air Act and the Clean Water Act. See No....more

Allen Matkins

California Environmental Law & Policy Update 5.2.25

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The White House Council on Environmental Quality (CEQ) circulated a draft template, dated April 8, 2025, to assist federal agencies in updating their procedures for implementing the National Environmental Policy Act (NEPA)....more

Troutman Pepper Locke

Citizen Suits and Larger Penalties May Be the Future of California Water Quality Protections

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The California legislature continues to advance Senate Bill 601 (SB 601), the “Right to Clean Water Act,” which aims to safeguard protections for California’s streams and wetlands that lost federal protection under the Clean...more

Wenning Environmental

Lessons From Dioxins And PCBS Inform Smarter PFAS Site Investigations

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Insights from decades of intense scrutiny of dioxins and PCBs in the environment, beginning in the 1960s, remain pertinent to our current challenges with PFAS. The lessons learned regarding detection and measurement,...more

ArentFox Schiff

Three Takeaways From $745 Million Louisiana Verdict Against Chevron for Coastal Wetland Damage

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Public companies can face significant liability based on past operations. While most industrial companies have long-term experience evaluating potential remediation obligations imposed by laws such as the federal...more

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

Title V/Clean Air Act: Center for Biological Diversity Petition to Object Filed Addressing Weld County, Colorado Compressor...

The Center for Biological Diversity (“CBD”) filed an April 3rd Clean Air Act Title V Petition to Object (“Petition”) before the United States Environmental Protection Agency (“EPA”) related to DC Operating Company, LP for the...more

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

Citizen Suit Actions/Clean Water Act: Environmental Integrity Project Files Lawsuits Against Two Louisiana Petroleum Coke Plants

The Environmental Integrity Project (“EIP”) filed a Clean Water Act citizen suit action in the United States District Court for the Western District of Louisiana against the following: RAIN CII CARBON, LLC. – Sulfur,...more

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

Citizen Suit Action/RCRA: Conservation Law Foundation Alleges Violations by Natural Gas Pipeline System

The Conservation Law Foundation, Inc. filed a citizen suit Complaint in the United States District Court of Massachusetts on November 12th alleging violations by the following: Besides the Conservation Law Foundation, the...more

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