News & Analysis as of

State and Local Government Environmental Litigation

Goldberg Segalla

DuPont Agrees to Record-Breaking Settlement to Resolve PFAS Contamination in New Jersey

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Following a series of bench trials in federal court, DuPont and its affiliates reached a $2.5 billion settlement with the State of New Jersey to address decades of environmental contamination from PFAS....more

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

Solar Energy System/Tree Removal: Massachusetts Appellate Court Addresses Zoning Issue

Co-Author Andrew Kutchka The Appeals Court of Massachusetts (“Court”) addressed in a July 9th Opinion an issue arising out of the siting of a governmental solar energy system. See Sunpin Energy Servs., LLC v. Zoning Bd. of...more

Harris Beach Murtha PLLC

NY Judge Sides with Harris Beach Murtha Client in CLCPA Challenge

A New York court has rejected a lawsuit challenging the New York State Department of Environmental Conservation’s (NYSDEC) renewal of the Caithness Long Island Energy Center’s (CLI Facility) Title V air permit as purportedly...more

Tonkon Torp LLP

Oregon EPR Law Challenged by Impacted Businesses on Constitutional Grounds

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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

Brownstein Hyatt Farber Schreck

CEQA News You Can Use, August 2025 - Volume 10, Issue 2

Welcome to “CEQA News You Can Use,” a quarterly production of Brownstein Hyatt Farber Schreck, LLP’s Natural Resources lawyers. This publication provides quick, useful bites of CEQA news, which we hope can be a resource for...more

Fox Rothschild LLP

State and Federal PFAS Litigation – 2019 to Q2 2025

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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

Cozen O'Connor

25 Republican AGs Urge Dismissal of Maryland Climate Lawsuits

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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

Brownstein Hyatt Farber Schreck

CEQA Reform: Admin Record Cleanup and Expanded Litigation Streamlining Eligibility

Note: This is the sixth update in our series covering AB 130 and SB 131, two bills that work substantive changes to the California Environmental Quality Act (CEQA) and California housing law....more

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

Recommendations for Superfund Cleanup Program Improvements: Association of State And Territorial Solid Waste Management Officials...

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

MG+M The Law Firm

Wisconsin Supreme Court Ruling on PFAS Leaves Businesses Vulnerable and Overextends Agency Power

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In a contentious 5–2 decision, the Wisconsin Supreme Court has dealt an unprecedented blow to the state’s business and manufacturing sector by ruling that the Department of Natural Resources (DNR) can force cleanup of PFAS...more

Paul Hastings LLP

California Pushes ‘Abundance’ Agenda With Major CEQA Reforms for Housing and Select Infrastructure

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On June 30, California Governor Gavin Newsom signed two budget trailer bills that deliver the most significant and sweeping reform of the California Environmental Quality Act (CEQA) in the 55-year history of this far-reaching...more

Stinson LLP

Wisconsin Supreme Court Upholds State's Authority to Regulate PFAS Without Formal Rulemaking

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On June 24, 2025, the Wisconsin Supreme Court rejected a challenge to the authority of the Wisconsin Department of Natural Resources (WDNR) to compel the cleanup of perfluoroalkyl and polyfluoroalkyl (PFAS) substances under...more

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

Citizen Suit Action/Clean Air Act: Southern Environmental Law Center Notice of Intent to Sue Memphis, Tennessee Data Center

The Southern Environmental Law Center (“SELC”), on behalf of the National Association for the Advancement of Colored People, sent a June 17th Notice of Intent to Sue (“Notice”) to various entities stated to be associated with...more

Jones Day

Environmental Groups Sue New York to Implement Greenhouse Gas Reduction Law

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On March 31, 2025, a coalition of environmental groups in New York filed a lawsuit to compel the New York Department of Environmental Conservation ("DEC") to issue regulations implementing the Climate Leadership and Community...more

Davis Wright Tremaine LLP

California Attempts To Catch a "Waive": State Leads 10 Others Suing Trump Administration Over Revocation of Vehicle Emission...

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

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

Title V/Clean Air Act: Environmental Integrity Project Petition to Object Filed Addressing Hawesville, Kentucky Aluminum Smelter...

The Environmental Integrity Project and Kentucky Resources Council (collectively, “EIP”) filed a June 9th Title V Petition to Object (“Petition”) before the United States Environmental Protection Agency (“EPA”) related to...more

Jones Day

Trump Paves Way for Coal Renaissance and Targets State Climate Change Efforts

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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

Jones Day

Youth Climate Litigants See Success in One State, Dismissal in Another

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On December 18, 2024, the Montana Supreme Court ruled in the case of Held v. Montana, finding that the Montana Environmental Policy Act ("MEPA") violated the state's constitution. In the midst of great change to the federal...more

Bracewell LLP

Trump Administration Targets State Climate Laws

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U.S. Attorney General Pamela Bondi is expected to release a report any day detailing the Justice Department’s upcoming plans to combat “state overreach,” which is seen as impeding the Trump administration’s energy dominance...more

Allen Matkins

California Environmental Law & Policy Update 6.6.25

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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

Mintz

New York City's Climate-Focused Local Law 97 Upheld By New York Court of Appeals

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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

Morgan Lewis

Emerging Trends in State-Level PFAS Regulation and Litigation

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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

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

Louisiana Community Air Monitoring Reliability Act: Environmental Organizations File Challenge in United States District Court...

The Environmental Integrity Project and Public Citizen Litigation Group (collectively, “EIP”) filed a Complaint for Declaratory and Injunctive Relief (“Complaint”) in the United States District Court for the Middle District...more

Perkins Coie

VMT Thresholds Must Be Based on Substantial Evidence Specific to Local Conditions

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The County of San Diego’s thresholds for exempting certain projects from vehicle miles traveled (VMT) analysis were not supported by substantial evidence showing they were appropriate specifically for the County. Cleveland...more

Allen Matkins

California Environmental Law & Policy Update 5.23.25

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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

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