Environmental Law Monitor

May 22, 2025 New Jersey / PFAS

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: Goldberg Segalla

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 …

April 17, 2025 California / PFAS

Posted by: Oliver E. Twaddell

California Bill Expands Definition of ‘Intentionally Added PFAS’

Our blog has reported previously on California PFAS regulations, including its watershed laws with novel definitions of PFAS and the noted problems with the total organic fluorine testing method. (Prior CA blog posts on PFAS).

We have also written on California’s PFAS ban in many children’s products and in disposable food packaging (here), California’s requirements on carpet and rug manufacturers to consider alternatives to PFAS, and bans (except under specified circumstances) on any cosmetic product that contains any of several specified …

Large coal fired power plant with smoking chimneys

April 17, 2025 Emissions / EPA

Posted by: Lauren A. Behan

Montana Power Plant Requests Clean Air Waiver: Is This the Future of America’s Coal Energy?

The Colstrip Power Plant in Montana is now one of the early applicants to the new EPA exemption application process which we have previously discussed here. Specifically, the Colstrip plant has requested a two-year exemption from EPA standards regarding air pollution.

Previously, in April 2024, this power plant was subject to stricter standards under updates to the Mercury and Air Toxics Standards (MATS) for power plants which was targeted at reducing airborne emissions of heavy metals including lead, arsenic, and mercury and had a compliance …