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
On July 30, 2025, the National Association of Wholesaler-Distributors (NAW) filed suit against the Oregon Department of Environmental Quality and the Oregon Environmental Commission alleging that Oregon’s Plastic Pollution...more
PFAS-related litigation continues to climb and to diversify as to claims and parties. See the attached graphics, updated through the second quarter of 2025. We will continue to update these graphics on a quarterly basis....more
Alabama AG Steve Marshall, joined by 24 other Republican AGs, filed an amicus curiae brief urging the Supreme Court of Maryland to dismiss three consolidated climate lawsuits brought by Maryland local governments against...more
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
On June 12, President Trump signed three joint resolutions passed by Congress, ostensibly under the authority of the Congressional Review Act ("CRA"), to revoke three Clean Air Act waivers the Environmental Protection Agency...more
In early April, President Trump issued several energy-related presidential actions aimed at reviving the coal industry. These actions could boost the domestic coal industry, including by rolling back environmental regulations...more
On May 29, 2025, the Supreme Court held that the National Environmental Policy Act (NEPA) — which requires federal agencies to analyze the environmental impacts of projects that they perform, fund, or approve — does not...more
On May 22, 2025, the New York Court of Appeals--the highest court in New York State--unanimously upheld New York City's Local Law 97 against a challenge brought by certain property owners. This law--Local Law 97--is “aimed...more
As the US Environmental Protection Agency (EPA) under Administrator Lee Zeldin lays out an ambitious regulatory agenda related to perfluoroalkyl and polyfluoroalkyl substances (PFAS), state lawmakers, state attorneys general,...more
The Senate on Thursday blocked California’s landmark plan to phase out the sale of new gasoline-powered vehicles, setting up a legal battle that could shape the electric car market in the United States. The consequences of...more
The House passed resolutions last week to rescind federal waivers that allow California to set stricter vehicle emissions standards than the rest of the country. California’s standards currently require the sale of most...more
A group of 24 Republican AGs, along with several trade associations, sued Vermont over the state’s Climate Superfund Act, which authorizes the state to levy billions of dollars in fines on fossil fuel companies for alleged...more
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
Six environmental organizations submitted an April 15th Petition to the Alabama Environmental Management Commission to amend Ala. (ADEM) Admin. Code Chap. 335-6-10, Appendix A....more
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
An Update on the Legal Landscape Surrounding Plastic Pollution - It’s hard to reflect on “Our Power, Our Planet” this Earth Day without discussing plastic. Plastic is deeply embedded in our daily lives. Consider, for...more
A group of seven New York City Council members announced this morning that they, together with other elected officials, civic organizations and individuals, were initiating litigation to challenge the validity of the whole of...more
On January 23, 2025, in an opinion for City of Annapolis v. BP PLC, et al. and Anne Arundel County, Maryland v. BP PLC, et al., the Circuit Court of Anne Arundel County, Maryland, dismissed two cases brought by the City of...more
On the litigation front, a federal judge denied an attempt by the Cookware Sustainability Alliance (CSA) to halt Minnesota’s current ban on intentionally added per- and polyfluoroalkyl substances (PFAS) in cookware. However,...more
When the Supreme Court issued its decision in City & County of San Francisco v. EPA on March 4, 2025, it may have saved San Francisco $10 billion dollars in penalties sought by the United States Environmental Protection...more
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
A coalition of industry associations and 22 state attorneys general (AG), led by West Virginia AG JB McCuskey, filed a lawsuit against the State of New York in the U.S. District Court for the Northern District of New York...more
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
In 2019, the New Jersey Department of Environmental Protection (NJDEP) brought suit against Dupont and 3M seeking clean-up, removal, and costs for what NJ officials claimed was more than 100 years of indiscriminate dumping of...more
Last week, we posted about New York State’s enactment of the Climate Change Superfund Act. We promised to continue to monitor developments concerning climate superfund legislation and to update readers as necessary. It’s been...more