News & Analysis as of

Environmental Policies Appellate Courts

Morgan Lewis

US Supreme Court Clarifies Venue Rules Under the Clean Air Act

Morgan Lewis on

The US Supreme Court in EPA v. Calumet Shreveport clarified where challenges to certain US Environmental Protection Agency actions under the Clean Air Act must be filed. The Court split the difference between competing...more

Vorys, Sater, Seymour and Pease LLP

Ohio Appellate Court Holds Commission’s Approvals of Nominations for Leasing State Lands Are Not Subject to Appeal

Recently, in Save Ohio Parks v. Oil & Gas Land Mgt. Comm., 2025-Ohio-847, Ohio’s Tenth District Court of Appeals held that R.C. 119.12 does not provide a right to appeal the decisions of the Oil & Gas Land Management...more

Blank Rome LLP

New Jersey Appellate Division Makes Clear Experts Must Demonstrate a Scientifically Recognized Methodology

Blank Rome LLP on

Recently, the New Jersey Appellate Division, in Dorrell v. Woodruff Energy, Inc., vacated a 2018 judgment against Chevron U.S.A., Inc. (“Chevron”) that had found Chevron liable for gasoline contamination. More specifically,...more

Jones Day

D.C. Appellate Court Revives Case Against Coca-Cola, Placing "Sustainability" Claims Under Scrutiny

Jones Day on

In reversing a lower court ruling, the D.C. Court of Appeals makes actionable vague, aspirational statements of sustainability as deceptive and misleading representations under the D.C. Consumer Protection Procedures Act...more

MG+M The Law Firm

EPA's PFAS Rule Challenged in DC Circuit

MG+M The Law Firm on

The Environmental Protection Agency’s (EPA) recent rule designating two per- and polyfluoroalkyl substances (PFAS) chemicals, PFOA and PFOS, as hazardous substances has already been met with resistance, as several groups...more

Warner Norcross + Judd

Michigan Court of Appeals Finds PFAS Standards Invalid

Warner Norcross + Judd on

On August 22, the Michigan Court of Appeals upheld 3M Company’s challenge to rules announced by the Michigan Department of Environment, Great Lakes and Energy (EGLE) that regulate the amount of certain per- and...more

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

Solid and Hazardous Waste/Recycling Administrative/Judicial Developments (2020-2021): May 20th Arkansas Environmental Federation...

I undertook an Arkansas Environmental Federation webinar held by the organization’s Land and Sustainability Committee on May 20th titled: Solid and Hazardous Waste/Recycling Administrative/Judicial Developments: 2020-2021...more

Perkins Coie

Logging Plan Not Categorically Excluded From Environmental Review Under NEPA

Perkins Coie on

The Ninth Circuit Court of Appeals held that a U.S. Forest Service plan for commercial logging of some 4,700 acres of fire-damaged Mendocino National Forest could not reasonably be interpreted as falling within a NEPA...more

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