News & Analysis as of

Environmental Litigation Hazardous Substances Environmental Protection Agency (EPA)

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

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

Fox Rothschild LLP

Update: NJDEP v. DuPont/Chemours PFAS Trial/3M Settlement Comment Period Commenced and Runs through September 19, 2025

Fox Rothschild LLP on

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

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

MG+M The Law Firm

New Study Suggests Human Gut Bacteria May Aid in PFAS Absorption

MG+M The Law Firm on

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

Ogletree, Deakins, Nash, Smoak & Stewart,...

EPA’s 2024 Asbestos Ban Paused as Fifth Circuit Grants Abeyance for Rule Reconsideration

The U.S. Environmental Protection Agency’s (EPA) 2024 ban on chrysotile asbestos, a landmark regulatory action under the Toxic Substances Control Act (TSCA), is now subject to significant delay following legal challenges and...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

Bergeson & Campbell, P.C.

EPA to Reconsider Asbestos Part 1 Risk Management Rule Following Legal Challenge

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 rule regulating chrysotile asbestos under the...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

Allen Matkins

California Environmental Law & Policy Update 6.13.25

Allen Matkins on

The U.S. Environmental Protection Agency (EPA) moved this Wednesday to erase limits on greenhouse gases from power plants and to weaken restrictions on other hazardous power plant emissions, including mercury, arsenic, and...more

Fox Rothschild LLP

Pause Continues in Litigation Over PFAS MCLs and Hazardous Substances Designation

Fox Rothschild LLP on

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

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

Troutman Pepper Locke

New Jersey AG Platkin Reaches $450M PFAS Settlement With 3M

Troutman Pepper Locke on

On May 13, New Jersey Attorney General (AG) Matthew Platkin announced a proposed $450 million settlement agreement with 3M regarding allegations that, among other issues, contamination of perfluoroalkyl and polyfluoroalkyl...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

American Conference Institute (ACI)

[Event] 2nd Annual Summit on PFAS Regulation, Compliance and Litigation - May 29th - 30th, New York, NY

The PFAS regulatory landscape is evolving fast, and with a new administration on the horizon, major changes in compliance, enforcement, and litigation risks could be imminent. If your business fails to stay ahead, you can...more

Alston & Bird

PFAS Primer Quarterly Update: 2025 Q1 – Setting the PFAS Standard

Alston & Bird on

In the latest edition of the PFAS Primer Quarterly Update, our roundup of regulatory, litigation, and scientific actions involving PFAS, states exempt PFAS products – except the states that don’t, defendants can remove PFAS...more

Wenning Environmental

Lessons From Dioxins And PCBS Inform Smarter PFAS Site Investigations

Wenning Environmental on

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

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

Pillsbury - PFAS Observer

Court Approves 60-Day Stays in Legal Battles over Biden-Era PFAS Regulations amid Administration Shift

In a move that signals potential policy shifts under the new administration, the U.S. Court of Appeals for the District of Columbia Circuit granted EPA’s requests for 60-day stays in two high-profile cases challenging...more

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

Citizen Suit Action/Toxic Substances Control Act: Public Employees for Environmental Responsibility Notice of Intent to Sue U.S....

Two environmental organizations sent a May 17th document to the United States Environmental Protection Agency (“EPA”) styled: Notice of Intent to File Suit to Compel Performance of a Non-Discretionary Duty Under Section...more

Goldberg Segalla

Green Groups Urge Ninth Circuit to Push EPA on Atrazine Re-evaluation

Goldberg Segalla on

Environmental groups are once again urging the Ninth Circuit Court of Appeals to compel the U.S. Environmental Protection Agency (EPA) to expedite its re-evaluation of atrazine, a widely used herbicide with significant...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

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