News & Analysis as of

Environmental Litigation Hazardous Substances Appeals

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

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

MG+M The Law Firm

PCBs and Precedent: What the Monsanto Settlement Means for Future Toxic Torts - (UPDATED)

MG+M The Law Firm on

Monsanto has recently settled with families who claimed they were exposed to polychlorinated biphenyls (PCBs) at a school near Seattle, ending what had become one of the most closely watched toxic tort cases in recent memory....more

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

Underground Injection Control: U.S. EPA Environmental Appeals Board Petition for Review Filed Challenging Three Michigan Brine...

Flow Water Advocates (“FWA”) filed a pleading before the United States Environmental Protection Agency (“EPA”) Environmental Appeals Board styled: PETITION FOR REVIEW OF UNDERGROUND INJECTION CONTROL PERMITS ISSUED AND...more

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

Effluent Guidelines/Clean Water Act: Federal Appellate Court Addresses Argument that United States Environmental Protection Agency...

The United States Court of Appeals for the Ninth Circuit (“Ninth Circuit”) addressed in a June 18th Opinion an issue involving the Clean Water Act Effluent Limit Guidelines (“ELGs”). See Waterkeeper Alliance, et al., v....more

Fox Rothschild LLP

Pause Continues in Litigation Over PFAS MCLs and Hazardous Substances Designation

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EPA has again obtained extensions of the stays in the litigation challenging the MCLs for six PFAS and the litigation challenging the hazardous substance designation for PFOS and PFOA. EPA requested the U.S. Court of...more

Farella Braun + Martel LLP

Sixth Circuit Rules that Party Found Liable under CERCLA Section 107 Is Not Entitled to Declaratory Relief for Future Cleanup...

On May 12, 2025, the Sixth Circuit issued a published decision in Georgia-Pacific Consumer Prods. LP, et al. v. NCR Corp. finding that a party previously found liable under CERCLA Section 107 is not entitled to declaratory...more

McGlinchey Stafford

Sixth Circuit Clarifies CERCLA Statute of Limitations

McGlinchey Stafford on

On May 12, 2025, the U.S. Court of Appeals for the Sixth Circuit issued a pivotal decision addressing the timing of contribution claims under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA),...more

Fox Rothschild LLP

Litigation Over PFAS Designation as Hazardous Substances Remains on Hold

Fox Rothschild LLP on

On April 30, 2025, the U.S. Court of Appeals for the D.C. Circuit granted an additional 30-day abeyance in the challenge to EPA’s Final Rule designating Perfluorooctanoic Acid (PFOA) and Perfluorooctanesulfonic Acid (PFOS) as...more

Lowenstein Sandler LLP

New Jersey Appellate Division Decision Creates Risk That NJDEP May Be Able To Revive Time-Barred Claims for Investigation and...

Lowenstein Sandler LLP on

On April 25, the New Jersey Superior Court Appellate Division reversed a trial court’s order dismissing the New Jersey Department of Environmental Protection’s (NJDEP) complaint as time-barred in NJDEP v. Desai. The ruling...more

Goldberg Segalla

Illinois Supreme Court to Decide Whether Ethylene Oxide Emissions Qualify as Traditional Environmental Pollution

Goldberg Segalla on

The question of whether ethylene oxide emissions constitute traditional environmental pollution for the purpose of interpreting commercial general liability pollution exclusions remains unsettled in many jurisdictions across...more

Farella Braun + Martel LLP

What's At Stake As 9th Circ. Eyes Cultural Resource Damages

On April 17, 2025, the Ninth Circuit Court of Appeal will hear oral argument in Pakootas v. Teck Cominco on a question that has plagued CERCLA NRD practitioners and parties for years, if not decades:  whether cultural...more

Pillsbury - PFAS Observer

Court Grants Additional 30-Day Pause in PFAS Drinking Water Rule Litigation

On April 10, 2025, at the request of the Environmental Protection Agency (EPA), the U.S. Court of Appeals for the District of Columbia Circuit extended the stay by 30 days in American Water Works Association, et al. v. EPA,...more

Oliva Gibbs

Pleading for Help — Ohio’s Time for Twombly (and Iqbal): Ohio Supreme Court to Consider Ohio Pleading Standards in Wilson Energy,...

Oliva Gibbs on

Two companion cases from the Fourth District Court of Appeals — Wilson Energy and Bethel Oil & Gas — are currently on appeal at the Ohio Supreme Court. Both cases involve similar facts and require the resolution of the same...more

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

Use of Phosphogypsum/Small Scale Road Pilot Project: Center for Biological Diversity Files Federal Appellate Court Challenge to...

The Center for Biological Diversity (“CBD”) filed a Petition for Review (“Petition”) in the United States Court of Appeals for the Eleventh Circuit challenging the United States Environmental Protection Agency (“EPA”)...more

Fox Rothschild LLP

Litigation Over PFAS MCLs on Hold for Now

Fox Rothschild LLP on

A federal appeals court has granted the Environmental Protection Agency’s request for a 60-day abeyance in litigation challenging the Maximum Contaminant Levels (MCLs) for six PFAS chemicals. In a February 7, 2025, decision,...more

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