Popular, Environmental Litigation

Environmental Liability/Corporate Structure: Federal Bankruptcy Court Addresses Derivative Standing to Pierce Corporate Veil

Mitchell, Williams, Selig, Gates & Woodyard,... on 7/28/2025

The United States Bankruptcy Court for the Eastern District of Louisiana ("Court") recently addressed issues arising under Louisiana environmental protection laws and federal bankruptcy law involving an unpermitted landfill...more

Sustainable Energy & Infrastructure Litigation Updates — July 2025

Mintz - Energy & Sustainability Viewpoints on 7/3/2025

The Securities & Exchange Commission (SEC) recently made certain announcements that reflect the current administration’s reduced emphasis on climate-related financial regulation. First, the SEC withdrew a proposed rulemaking...more

[Webinar] 180 Days of the Trump Administration—Quick Hits on Executive Orders, Actions, and Policies - July 17th - August 13th,...

Blank Rome LLP on 7/3/2025

Blank Rome presents a new summer webinar series where our interdisciplinary team will unpack the most pressing legal, regulatory, and policy developments from the Trump Administration’s first 180 days. Each session offers...more

Supreme Court Clarifies Standing for Regulatory Challenges in Diamond Alternative Energy v. EPA

Holland & Knight LLP on 6/30/2025

The U.S. Supreme Court on June 20, 2025, issued a 7-2 decision in Diamond Alternative Energy, LLC v. EPA, clarifying when stakeholders have standing to challenge an agency action based on market effects rather than direct...more

Waters of the United States/Clean Water Act: Associated General Contractors of America Comments Addressing Potential Revisions

Mitchell, Williams, Selig, Gates & Woodyard,... on 6/11/2025

The Association of General Contractors of America (“AGC”) submitted April 23rd comments to the United States Environmental Protection Agency and U.S. Army Corps of Engineers (“collectively, “EPA”) regarding potential...more

Pruning NEPA’s Branches: The Supreme Court Reshapes Environmental Reviews for Major Actions

Baker Botts L.L.P. on 6/4/2025

Over the last half century, federal courts have interpreted the National Environmental Policy Act (NEPA) to require federal agencies to study an ever-growing range of indirect effects and impacts when approving large...more

Sustainable Energy & Infrastructure Litigation Updates — June 2025

Mintz - Energy & Sustainability Viewpoints on 6/3/2025

The SEC’s mandatory climate disclosure rule remains stayed pending the outcome of the current litigation in the Eighth Circuit. Recently, however, Republican SEC Commissioner Mark Uyeda suggested that the Trump administration...more

The Latest on PFAS: What Policyholders Need to Know Now

Pillsbury - Policyholder Pulse blog on 4/22/2025

We have previously written on the evolving risks associated with PFAS—also known as “forever chemicals”—and their implications for policyholders navigating environmental liabilities involving both PFAS and PFAS-related...more

Fifth Circuit Permits Claims of Environmental Racism to Move Forward

McGlinchey Stafford on 4/16/2025

In a case that has profound implications for the regulated community, particularly in the realms of environmental justice, civil rights, and land use planning, the U.S. Fifth Circuit Court of Appeals has permitted plaintiffs...more

Plaintiffs Cannot Defeat Federal Removal Jurisdiction by Artful Pleading

Harris Beach Murtha PLLC on 3/28/2025

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

Defending Manufacturers Against PFAS Claims: Legal Strategies and Challenges

McGlinchey Stafford on 2/7/2025

As litigation involving per- and polyfluoroalkyl substances (PFAS) continues to rise, manufacturers of PFAS-containing products face significant legal and financial risks. Plaintiffs, including individuals, communities,...more

Contaminants Compass: January 2025 Edition

McGuireWoods LLP on 1/17/2025

“Contaminants Compass” is a monthly newsletter that provides updates, legal observations and actionable tips to navigate the evolving legal challenges of per- and polyfluoroalkyl substances (PFAS). This edition discusses the...more

Maine Sues Major Fossil Fuel Companies

Mintz on 12/3/2024

Last week, the State of Maine became the latest state or local government to sue the major fossil fuel companies for damages related to climate change. There are around three dozen lawsuits bringing common law and state tort...more

SEC Argues That Climate Disclosure Regulation Survives Demise of the Chevron Doctrine

Mintz on 8/14/2024

Earlier this year, the SEC issued its long-awaited regulation concerning mandatory climate disclosures. As expected, this climate disclosure rule was immediately challenged in the courts by, among others, conservative states...more

Energy & Sustainability Litigation Updates – August 2024

Mintz - Energy & Sustainability Viewpoints on 8/2/2024

Regulatory Updates - Governor Newsom (D-CA) recently proposed a two-year delay to California’s sweeping new mandatory climate disclosures, which apply to all large companies—public or private—doing business in California....more

Significant Rise in Global Climate Litigation

Mintz on 5/8/2024

As recently reported by Columbia Law School's Sabin Center for Climate Change Law, “the number of climate-related cases filed globally each year has increased from a handful in the early 2000s to a few hundred annually since...more

Three Unfolding Cases Could Shape Future Energy Litigation, and Perhaps Business Practices

Skadden, Arps, Slate, Meagher & Flom LLP on 3/26/2024

A stream of judicial decisions in the pipeline will have important implications for the energy industry. The three cases discussed below are among those that energy litigators and industry professionals are watching in 2024....more

Climate Change Litigation: What Can Liability Insurers Expect in 2024?

Zelle LLP on 2/5/2024

Climate litigation against companies is increasing and the stakes are getting higher. Last year saw more headline-making claims being brought against corporations and a slew of important decisions from courts in...more

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

Perkins Coie on 7/7/2023

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

New Case Law Update: Mountain Valleys, Chevron Deference and a Long-Awaited Resolution on the Sacketts’ Small Lot

Pillsbury - Gravel2Gavel Construction & Real... on 6/1/2023

This is a brief roundup of recent federal court environmental and regulatory law decisions from the federal courts over the past few months, including the much anticipated ruling in Sackett, et ux., v, Environmental...more

A Court-Side Seat: An End-of-Year Environmental Update

Pillsbury - Gravel2Gavel Construction & Real... on 12/21/2022

As 2022 draws to a close, here is a brief description of recent environmental and regulatory law rulings, as well as new federal rulemaking proceedings....more

Dam Operations Authorized Under 1954 Statute Potentially Included Protection of Endangered Species.

Perkins Coie on 10/19/2022

The Ninth Circuit held that statutory language defining the scope of operations of Twitchell Dam was sufficiently broad to potentially include releases of water to facilitate migration of Southern California Steelhead to the...more

Certification of Howard Terminal Project for Streamlined CEQA Review Under AB 734 Was Not Subject to AB 900 Deadlines

Perkins Coie on 12/7/2021

A California Court of Appeal held that special legislation providing fast-track judicial review to the Howard Terminal Project did not impose a deadline for the Governor to certify the project for streamlined environmental...more

Legal Storm Clouds Gather As New Climate Change Policies Are Released

Holland & Hart LLP on 12/2/2021

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

German Climate Activists File Climate Change Lawsuits Against Major German Car Manufacturers To Prohibit Selling Combustion Engine...

White & Case LLP on 9/29/2021

At the beginning of September 2021, climate activists affiliated with German NGO Deutsche Umwelthilfe ("DUH") sent pre-action letters to major German car manufacturers Daimler and BMW and to Wintershall, Germany's largest oil...more

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