Podcast - Diamond Alternative Energy, LLC v. EPA: The Intersection of Constitutional and Environmental Law
SCOTUS Clean Air Act Cases: What’s New?
Rewriting the Rules: The Supreme Court's Landmark Decision on Clean Water Act Permits
On-Demand Webinar | Regulatory Uncertainty and Linear Infrastructure Projects: Where Are We and What’s Ahead?
PFAS: Increasing Regulations and Managing Legal Liability
On-Demand Webinar | Linear Infrastructure Redux: Adapting Your Projects to Meet the New Regulatory Climate
The Current and Future Landscapes of EPA Criminal and Civil Enforcement
On-Demand Webinar | The New NEPA Regulations: A Practical Guide to What You Need to Know
One-on-One with David Fotouhi, Acting General Counsel at the EPA
Volatile Times in Vapor Intrusion Regulation: A Legal and Technical Update
[WEBINAR] Fairly (or Unfairly?) Traceable: Are Discharges Through Groundwater Subject to the Clean Water Act?
[WEBINAR] Update on the California Environmental Quality Act: What’s New for 2018
Note: This is the sixth update in our series covering AB 130 and SB 131, two bills that work substantive changes to the California Environmental Quality Act (CEQA) and California housing law....more
In the three months since our previous post about major California businesses being targeted with a Proposition 65 (“Prop. 65”) Notice of Violation (“NOV”) for allegedly exposing California customers to Bisphenol S (BPS) in...more
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
The US Supreme Court on June 16, 2025 granted certiorari for an appeal from a divided opinion by the US Court of Appeals for the Fifth Circuit relating to the federal officer removal statute. The appeal comes after a jury...more
The International Agency for Research on Cancer (IARC)—a branch of the World Health Organization mandated to investigate potential causes of cancer—conducts its own hazard evaluations of suspected carcinogens and publishes...more
In recent years, public interest organizations have increasingly turned to the District of Columbia’s Consumer Protection Procedures Act (CPPA) to bring legal challenges against companies over their public environmental and...more
The U.S. Supreme Court issued a pair of decisions in EPA v. Calumet Shreveport Refining and Oklahoma v. EPA on June 18, 2025, resolving two related circuit splits regarding proper venue for challenging certain U.S....more
Plaintiffs in toxic tort cases must prove both general and specific causation, generally through the testimony of experts. Experts must establish that a specific chemical exposure can (and did) cause the specific injury at...more
A preliminary injunction motion is set for May, the judge issued a scheduling order, and CARB announced a public workshop to kick off a rulemaking to implement the laws....more
A high-stakes environmental trial is unfolding in New Jersey, where the state is taking on E.I. DuPont de Nemours and its related entities over widespread PFAS contamination at the former Chamber Works facility in Salem...more
On May 8, the Middle District of North Carolina granted summary judgment dismissing cost recovery and declaratory judgment claims brought under the Comprehensive Environmental Response, Compensation, and Liability Act...more
Recently, both the State of Hawaii and the State of Michigan had announced that they would be pursuing litigation against fossil fuel companies concerning alleged damages stemming from the companies' contribution to climate...more
Navigating PFAS: Legal Perspectives Webinar Series - Per- and polyfluoroalkyl substances (PFAS) present complex and evolving risks in addition to legislative and regulatory concerns. This webinar series is designed to...more
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
Per- and polyfluoroalkyl substances (PFAS) litigation is rapidly becoming one of the most dynamic and evolving areas of environmental law. With thousands of cases consolidated in the Aqueous Film-Forming Foams (AFFF)...more
What You Need to Know in a Minute or Less - Effectively defending emerging contaminant litigation requires counsel capable of navigating extremely complex scientific issues related to causation, while also not losing sight of...more
Regulation and litigation surrounding per- and polyfluoroalkyl substances (PFAS) – a class of organic chemicals used in a variety of industrial and consumer products – is on the rise and evolving day-by-day. And the PFAS...more
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
The allegations of a plaintiff’s complaint do not control when evaluating removal under the federal officer removal statute, 28 U.S.C. § 1442(a)(1), and instead the court must credit the defendant’s theory of the case when...more
On Monday morning, the Supreme Court denied certiorari in Juliana v. United States. The cert. denial leaves in place the 9th Circuit Court of Appeals decision that ordered the case dismissed for lack of standing. At least for...more
Throughout 2024, young Americans from states like Oregon, California, and Hawaii turned to litigation, arguing that court intervention is necessary to protect them from climate change. The young plaintiffs spearheading these...more
The Aqueous Film-Forming Foam (AFFF) MDL has taken a significant step forward with the introduction of a new case management program intended to streamline the complex process of product identification. The program’s...more
Most federal environmental statutes grant citizens broad authority to bring lawsuits against companies where there is alleged noncompliance. Before they can do so, however, they must provide a Notice of Intent (NOI) to sue....more
On February 18, 2025, Judge Bloom (S.D. Fla.) dismissed a lawsuit against Lululemon, the athleisure company, that centered upon allegations of greenwashing. Specifically, the plaintiffs here had contended “that Lululemon...more
Minnesota AG Keith Ellison has obtained an order denying in large part motions to dismiss filed by defendants ExxonMobil Corp., the American Petroleum Institute, Koch Industries, Inc., Flint Hills Resources LP, and Flint...more