On June 18, the U.S. Supreme Court issued two decisions that clarify a deceptively simple question under the Clean Air Act: Where should lawsuits challenging EPA actions be filed?
The rulings – EPA v. Calumet Shreveport Refining LLC and Oklahoma et al. v. EPA – do not change the substance of environmental law, but they do shape how and where that law gets litigated. And that matters.
At the heart of both cases is a venue provision in the Clean Air Act, which …
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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 …
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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), …
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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 …
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In March, the New Jersey Department of Environmental Protection (NJDEP) proposed to formally add GenX, PFNA, PFOA, PFOS — all PFAS compounds — and methanol to the list of regulated contaminants under various statutes.
This includes the Ground Water Quality Standards (GWQS), Remediation Standards, and Technical Requirements for Site Remediation.
The proposed amendments establish a specific ground water quality criterion for GenX, as well as soil and soil leachate remediation standards for PFNA, PFOA, PFOS, GenX, and methanol. Each of these contaminants were previously regulated …
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In a landmark decision, a North Dakota jury has ordered Greenpeace to pay over $660 million in damages to Energy Transfer, the company behind the Dakota Access Pipeline (DAPL). This verdict stems from Greenpeace’s involvement in the 2016-2017 protests against the pipeline’s construction near the Standing Rock Indian Reservation. Energy Transfer accused Greenpeace of defamation, trespassing, nuisance, and civil conspiracy, alleging that the organization orchestrated violent protests and disseminated false information about the pipeline, leading to significant financial losses.
The DAPL project…
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The Aqueous Film-Forming Foam (AFFF) MDL has taken a significant step forward with the introduction of a new case management program intended to streamline the complex process of product identification. The program’s structured approach is designed to enhance efficiency and accuracy in identifying the sources of contamination, thereby facilitating more effective legal proceedings.
The AFFF MDL is a multidistrict litigation that consolidates thousands of lawsuits across the United States concerning exposure to per- and polyfluoroalkyl substances (or PFAS). Due to its motility and unique chemical properties, …
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Environmental groups are once again urging the Ninth Circuit Court of Appeals to compel the U.S. Environmental Protection Agency (EPA) to expedite its re-evaluation of atrazine, a widely used herbicide with significant environmental and health concerns. This legal push highlights the ongoing struggle between regulatory bodies and environmental advocates over the safety and regulation of chemical substances in agriculture.
Atrazine is one of the most commonly used herbicides in the United States, primarily applied to control broadleaf and grassy weeds in crops like corn, …
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Offshore wind energy is rapidly emerging as a critical component of the global transition to renewable energy sources. Harnessing the vast wind resources available at sea offers significant potential for reducing greenhouse gas emissions and enhancing energy security. However, the development of offshore wind projects presents a complex web of legal and regulatory challenges that must be navigated effectively to ensure successful implementation.
One key legal area involves the permitting process. Offshore wind projects typically require a multitude of permits and approvals from various federal, …
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California’s Air Resources Board (CARB) on Jan. 13 sent a letter to withdraw its request to the Environmental Protection Agency pursuant to Sections 209(b) of the Clean Air Act (CAA) for a federal waiver that would require commercial truckers to switch to using zero-emissions vehicles in accordance with the CARB’s Advanced Clean Fleets regulation (ACF).
Had it been granted a waiver, CARB would have been allowed to put into effect the drayage and “high priority fleets” provisions of the ACF. CARB first requested this wavier …
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