Environmental Law Monitor

May 29, 2025 Crypto

Will Riding the Crypto Mining Wave Only Lead to Wipeout?

In the past couple of years, multiple states across the nation have made various attempts to attract cryptocurrency mining centers at which the virtual currency is “mined” on a colossal scale — a process requiring a significant amount of energy — through legislation and business and tax incentives (covered extensively by ELM, including here and here).

After what seemed like increasing setbacks for the cryptocurrency industry, major U.S. banks are now boasting cryptocurrency trading desks. Therefore, regardless of some states’ earlier challenges in …

May 29, 2025 Emissions / NEPA

Posted by: Sarah B. Mangelsdorf

NEPA’s Greenhouse Gas Guidance Blown Up In Smoke

At the beginning of this year, ELM forecasted that 2025 would be a big year for the National Environmental Policy Act (previously covered by ELM here), and so far, our prediction continues to ring true.

In the latest NEPA news, the Council on Environmental Quality (CEQ) published a notice in the Federal Register announcing the withdrawal of its interim guidance on “Consideration of Greenhouse Gas Emissions and Climate Change” in NEPA reviews, effective May 28. The CEQ determined this interim guidance, which was previously …

May 22, 2025 New Jersey / PFAS

Posted by: Jesse G. Richheimer

Decoding a Landmark Case: Environmental Laws and Legal Strategy in New Jersey’s PFAS Trial against DuPont

A high-stakes environmental trial is unfolding in New Jersey, where the state is taking on E.I. DuPont de Nemours and its related entities over widespread PFAS contamination at the former Chamber Works facility in Salem County. The outcome of this case — one of the most closely watched environmental proceedings in the country — could have a significant ripple effect on how other states pursue PFAS-related claims and how corporate defendants approach these increasingly high-profile cases.

In this case, New Jersey alleges that DuPont and …

May 22, 2025 Colorado / PFAS

Posted by: Larry D. Mason

Colorado Bans Sale and Distribution of Products Containing PFAS

As regularly reported by the Environmental Law Monitor, state legislatures have increasingly been taking action independent of federal government regulation to address the significant challenge of eliminating per- and polyfluoroalkyl substances, commonly referred to as PFAS from their jurisdictions.

Shortly after the Environmental Protection Agency finalized its first-ever drinking water standards for six PFAS in April, Colorado on May 1 became the 13^th state to pass legislation seeking to ban PFAS from the marketplace. Specifically, Colorado’s new law, SB24-081, targets the sale and …

New Jersey Flag with blue sky background

May 15, 2025 PFAS / Settlements

Posted by: Oliver E. Twaddell

Breaking News: Significant PFAS Settlement in New Jersey

Another major settlement was announced this week in New Jersey in consolidated cases filed by the New Jersey Department of Environmental Protection and other state entities. (You can review the Judicial Consent Order here as well as previously PFAS settlements reported by our firm here and here, including in New Jersey for remediation costs.)

Settling plaintiffs, including the NJ DEP and its commissioner, and the administrator of the NJ Spill Compensation Fund, alleged that “3M designed, manufactured, marketed, and sold certain PFAS, …

May 15, 2025 EPA / Settlements

Posted by: Lauren A. Behan

EPA Settles with Pennsylvania Schools Over Alleged Asbestos Violations

The Environmental Protection Agency announced May 6 it had reached a settlement with Scranton, Pa. schools regarding alleged asbestos violations. The EPA alleged the school district had failed “to include all required elements in the asbestos management plans for 15 schools,” and that it failed, “to maintain complete, updated copies of the asbestos management plans for 19 schools in its administrative office and in the administrative offices of those schools.”

The Asbestos Hazard Emergency Response Act (AHERA) is the section of the Toxic Substances Control …

May 8, 2025 CERCLA / Climate Change

Posted by: Alexis Harris

Navigating Environmental Jurisdiction: DOJ’s Challenge to State Climate Superfund Laws

The U.S. Department of Justice filed lawsuits against New York and several other states, challenging their newly enacted state Superfund laws (Superfund lawsuits). The laws aim to address the environmental damages attributed to climate change by requiring fossil fuel companies to contribute to state-managed funds designated for climate adaptation and cleanup efforts. The lawsuits raise questions about state and federal authority to regulate environmental matters.

Climate Superfund laws at the state level are modeled after the federal Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), …

May 1, 2025 EPA / PFAS

Posted by: Sarah B. Mangelsdorf

EPA Announces List of Upcoming Agency Actions to Address PFAS

The Environmental Protection Agency announced April 28 a list of upcoming agency actions to address Per- and Polyfluoroalkyl Substances (PFAS).

This week’s announcement provides a broad outline of EPA’s plans that centers around three principles: (1) strengthening the scientific understanding of PFAS, (2) fulfilling statutory obligations and enhancing communication, and (3) building partnerships.

PFAS are a class of thousands of humanmade “forever chemicals” that can last for many years in the environment. They are used in manufacturing and consumer products, such as non-stick pans, raincoats, …

Young plant in the morning light on nature background

April 24, 2025 Climate Change / Emerging Issues

Posted by: Jesse G. Richheimer

Earth Day 2025: States Step Up for Biodiversity Amid Global Goals

As we reflect on environmental stewardship this week, the accelerating loss of biodiversity remains one of the most critical challenges facing our planet. Healthy ecosystems provide essential services – clean air and water, pollination, climate regulation, and more – underpinning human well-being and economic stability. While international efforts aim to address this crisis, action within the United States increasingly relies on state-level leadership and legal innovation.

Globally, the primary framework for conservation is the UN Convention on Biological Diversity (CBD). In 2022, parties to the …

April 24, 2025 Emissions / Illinois

Posted by: Larry D. Mason

Illinois Supreme Court to Decide Whether Ethylene Oxide Emissions Qualify as Traditional Environmental Pollution

The question of whether ethylene oxide emissions constitute traditional environmental pollution for the purpose of interpreting commercial general liability pollution exclusions remains unsettled in many jurisdictions across the United States. The issue may soon receive greater clarity in Illinois — and more broadly within the Seventh Circuit Court of Appeals — in response to a recent direct request from the Seventh Circuit Court of Appeals to the Illinois Supreme Court to provide specific direction concerning how Illinois law should address the question.

The Seventh Circuit’s …