News & Analysis as of

Environmental Litigation Settlement Environmental Protection Agency (EPA)

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

Blank Rome LLP

Lead Contamination in Water: Flint Water Crisis Update

Blank Rome LLP on

The existence of lead pipes in municipal water systems and service lines connecting residential and commercial properties to water mains throughout the United States continues to generate litigation and regulatory action. The...more

Maron Marvel

PFAS Enforcement Discretion and Settlement Policy Under CERCLA

Maron Marvel on

On April 17, 2024, the EPA signed a final rule to designate PFOA and PFOS as hazardous substances under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), also known as Superfund. The...more

Mintz

Sunshine may be among the best disinfectants but these PFAS defendants are fighting to keep their settlement with Rome, Georgia...

Mintz on

Supreme Court Justice Louis Brandeis famously exclaimed sunlight is said to be the best of disinfectants. Of course the Atlanta Journal-Constitution and the Rome News-Tribune endorse that proposition. And, the newspapers...more

Foley Hoag LLP - Environmental Law

Sometimes the Law Really Is Unambiguous — Clean Water Act Edition

Last week, the First Circuit Court of Appeals ruled that a person who enters into an administrative settlement with a state is immune from citizen suits seeking civil penalties, but not immune from suits for declaratory or...more

Snell & Wilmer

EPA Removes Obstacles to “Sue and Settle”

Snell & Wilmer on

In a memo to agency leadership sent earlier this month, EPA Administrator Michael Regan rescinded practices that were instituted by one of his Trump-era predecessors, Scott Pruitt, to eliminate what has been referred to by...more

(ACOEL) | American College of Environmental...

Three Steps Back – DOJ Restrictions on Use of SEPs Are Misguided and Counter-Productive

The U.S. Department of Justice (DOJ) has taken three steps since June 2017 through August 2019 that severely limit the use of Supplemental Environmental Projects (SEPs) in civil environmental settlements. Those actions are...more

Jackson Walker

Three Important Memos Affecting EPA Enforcement Actions

Jackson Walker on

Three memos with potentially important implications for enforcement were recently issued—one by EPA and two by the U.S. Department of Justice (DOJ)....more

Spilman Thomas & Battle, PLLC

Currents - Energy Industry Insights - October 2017 #3

Department of Interior Rescinds OSM Enforcement Policies - On October 12, 2017, the Department of the Interior ("DOI") withdrew two prior Office of Surface Mining ("OSM") policies affecting mining operations. DOI rescinded...more

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