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Environmental Litigation Regulatory Agenda Environmental Policies

Perkins Coie

State Control of Injection Well Permitting Stays in Focus Amid Legal Challenges Over CCS Infrastructure

Perkins Coie on

Key Takeaways - - EPA is evaluating the Texas Railroad Commission's formal primacy application. If granted, Texas will assume primary enforcement authority—or primacy—over Class VI wells. - Carbon capture and storage...more

Troutman Pepper Locke

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

Troutman Pepper Locke on

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

Vinson & Elkins LLP

New York Passes Climate Superfund Legislation - Updated 3.6.25

Vinson & Elkins LLP on

On December 26, 2024, New York Governor Kathy Hochul signed the Climate Change Superfund Act (“CCSA” or the “Act”) into law. The law requires certain fossil fuel producers and refiners with sufficient connections to New York...more

Mintz - Energy & Sustainability Viewpoints

Sustainable Energy & Infrastructure Litigation Updates — March 2025

The Trump administration’s SEC has begun the process of undoing the mandatory climate disclosure rule promulgated by the SEC under the Biden administration. Specifically, the SEC has now asked the Eighth Circuit — where the...more

Morrison & Foerster LLP

MoForecast: Navigating State AG Environmental Enforcement Trends for 2025

As we continue into 2025, state attorneys general (AGs) will play a pivotal role in shaping environmental policy and enforcement. With anticipated resistance to environmental regulation rollbacks and a continued focus on...more

Cozen O'Connor

The State AG Report – 02.20.2025

Cozen O'Connor on

Here are curated AG and federal regulatory news stories highlighting key areas in which state and federal regulators’ decisions are having an impact across the US: •Texas AG Investigates DeepSeek - •Florida Secures Order...more

Allen Matkins

The CEQ has No Clothes: The End of CEQ’s NEPA Regulations and the Future of NEPA Practice

Allen Matkins on

On February 20, 2025, the White House Council on Environmental Quality (CEQ) posted a pre-publication notice on its website of an Interim Final Rule that rescinds its regulations implementing the National Environmental Policy...more

Morrison & Foerster LLP - Class Dismissed

A New Era of Climate Accountability: State Climate Superfund Laws Gain Momentum

As climate adaptation and mitigation costs escalate, a wave of state climate superfund legislation is emerging across the United States. This novel approach to climate accountability, pioneered by Vermont and New York,...more

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

Water Systems PFAS Liability Protection Act: Legislation Shielding Water Utilities Introduced by Representatives Gluesenkamp Perez...

United States House of Representatives Marie Gluesenkamp Perez (Washington) and Celeste Maloy (Utah) introduced legislation titled: Water Systems PFAS Liability Protection Act (“Act”). The objective of the legislation is to...more

ArentFox Schiff

Trump Administration Freezes All Environmental Litigation

ArentFox Schiff on

The Trump Administration has issued a memo directing a temporary freeze on all environmental litigation to allow for review and potential reconsideration by the new Administration of its position in these matters....more

Beveridge & Diamond PC

New York Courts Provide Additional Guidance on Implementation of Green Amendment

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Based on recent decisions, judicial interpretation of New York’s Environmental Rights Amendment (also called the Green Amendment) continues to evolve. The Green Amendment guarantees New Yorkers a “right to clean air and...more

Cozen O'Connor

The State AG Report – 01.09.2025

Cozen O'Connor on

Here are curated AG and federal regulatory news stories highlighting key areas in which state and federal regulators’ decisions are having an impact across the US: •Maryland’s Lawsuit Adds to Growing Wave of PFAS Litigation...more

UB Greensfelder LLP

Is PFAS the Next Asbestos?

UB Greensfelder LLP on

PFAS (per- and polyfluoroalkyl substances) are a group of thousands of chemicals manufactured since the 1940s for use in consumer products and industrial processes. This article presents an overview of the PFAS phenomenon. ...more

A&O Shearman

Shell Decision and Climate Litigation - Repercussions on doing Business in Germany

A&O Shearman on

On November 12, 2024, The Hague Court of Appeal found in the case Millieudefensie vs. Shell that the Shell Group has an obligation to counter dangerous climate change. However, the Court was not able to establish that the...more

Sheppard Mullin Richter & Hampton LLP

DC Circuit Rejection of CEQ Authority Leaves NEPA Review in Limbo

Last week’s unexpected opinion of the U.S. Court of Appeals for the D.C. Circuit (“DC Circuit”) holding that the Council for Environmental Quality (“CEQ”) lacks authority to promulgate regulations implementing the National...more

Perkins Coie

DC Circuit Rejects CEQ’s Rulemaking Authority

Perkins Coie on

A split panel of the U.S. Court of Appeals for the D.C. Circuit landed an unexpected blow on the White House Council on Environmental Quality (CEQ) on November 12, ruling that CEQ lacked authority to promulgate its umbrella...more

Spilman Thomas & Battle, PLLC

The Site Report - Construction Law Insights, Issue 10, October 2024

Welcome to our 10th issue of 2024 for our construction industry insights e-newsletter - The Site Report. In this edition, we cover a wide variety of topics of interest for those in the construction industry—from the use of...more

Foley Hoag LLP - Energy & Climate Counsel

Supreme Court Refuses to Halt EPA Power Plant Emissions Rule Pending Federal Appeal

On October 16, 2024, the United States Supreme Court shot down requests from states and industry groups to stay the implementation of the Environmental Protection Agency’s (EPA) rule to reduce carbon emissions from coal-fired...more

Troutman Pepper Locke

Wisconsin AG Resolves Investigation Into Alleged Violation of State Air Laws With $85K Settlement

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Wisconsin Attorney General (AG) Josh Kaul has announced an $85,000 settlement with the global food supply company Kerry, Inc. in relation to the company’s operation of a liquid smoke manufacturing facility....more

ArentFox Schiff

Ten Highlights from the Environmental and Energy Space in 2023

ArentFox Schiff on

Environmental and energy issues were in the headlines for much of 2023. We had several major US Supreme Court cases, Canadian wildfires that produced haze in many American cities throughout the summer, and continued attention...more

Foley Hoag LLP - Environmental Law

Is Litigation the Solution to Plastic Pollution?

Earlier this week, New York State Attorney General Letitia James filed suit against PepsiCo.  At the core of the case are allegations that PepsiCo.’s widespread use of single-use plastics has created or contributed to a...more

Perkins Coie

Navigating the PFAS Regulatory Landscape: Insights for Consumer Brands and Retailers

Perkins Coie on

Per- and polyfluoroalkyl substances (PFAS), known as “forever chemicals,” have been in use since the 1940s and have been added to a wide variety of products to make them resistant to heat, water, oil, and corrosion. PFAS...more

Holland & Hart LLP

Legal Storm Clouds Gather As New Climate Change Policies Are Released

Holland & Hart LLP on

Concurrent with commitments made during the twenty-sixth meeting of the United Nations’ COP26 summit in Glasgow, Scotland, the Biden Administration released two significant policies aimed at analyzing and curtailing the...more

(ACOEL) | American College of Environmental...

Another Policy Guidance On Environmental Justice?

With “regime change” well underway with the new administration settling in, much has been said about the Biden-Harris policy positioning of environmental justice or “EJ”. That focus was memorialized in President Biden’s...more

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