LATEST INSIGHTS

Emerging Issues / Legislation / Litigation / North Dakota
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Is Environmental Activism Litigation in Trouble?

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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EPA / WOTUS
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New Guidance for Defining the ‘Waters of the United States’

The Environmental Protection Agency announced March 10 it will be revising the definition for the Waters of the United States Rule (WOTUS). In a news release it said, “[t]he agencies will move quickly to ensure that a revised definition follows the law, reduces red-tape, cuts overall permitting costs, and lowers the cost of doing business in communities across the country while protecting the nation’s navigable waters from pollution.” 

In connection with this revision, the EPA will be relying on the Supreme Court decision in Sackett …

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smoke background
EPA / Regulations
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EPA Announces Rollbacks on 31 Environmental Provisions

The new administrator of the Environmental Protection Agency, Lee Zeldin, announced March 12 the agency would be rolling back 31 key environmental provisions that regulate air pollution, water protections, and the energy sector. A few of the key rollbacks are:

  • Reconsideration of regulations on power plants aimed at reducing power plant emissions by setting standards on carbon dioxide emissions and regulations.
  • Reconsideration of mercury and air toxics standards, including standards aimed at coal-powered plants which sought to reduce pollutants and regulations requiring the safe management
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Empire State Building
Emerging Issues / New York
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New York Fighting the Federal Government to Clear the Air on Congestion Pricing

Ask any New Yorker what their top five complaints are about the city and either “traffic” or “gridlock” (or both) are all but certain to be represented.

Indeed, you don’t get to be called “the Business Capital of the World” without piling enough people on to the Island of Manhattan to get that business done, and the result has been that the ‘City that Never Sleeps’ has ‘Traffic that Never Moves.’

At least, until recently, when, on January 5, after six years in development, the …

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Fire-fighters applying foam to a fire.
Litigation / PFAS
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New Strategy is Embraced for Product Identification in Multidistrict PFAS Litigation

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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EPA Offices, Washington DC
EPA / Wastewater
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Supreme Court Requires EPA to Set Specific Targets in Water Permits

The U.S. Supreme Court on Tuesday, in San Francisco v. EPA, held in a 5-4 decision that the EPA cannot enforce requirements in wastewater permits that “do not spell out what a permittee must do or refrain from doing.” 

San Francisco’s Oceanside plant, which has a combined sewage treatment plant and stormwater control system, discharges treated sewage and stormwater into the Pacific Ocean through eight pipes. Because one of the pipes discharges into federal waters, this facility is required to obtain a National Pollution …

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Smoke stacks
Emissions
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New Congress Reverses Biden-Era Methane Waste Emissions Fee

Despite longstanding bipartisan support, the U.S. Senate on Feb. 27 — just as the House did the day prior — passed a resolution withdrawing the waste emissions charge (WEC), which is a fee on methane waste emissions caused by oil and gas producers.

The vote served as one of the first attempts by this Congress to apply the Congressional Review Act in order to bypass the filibuster, which requires at least 60 senators for a successful vote, instead of requiring only a simple majority vote …

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A man's hand in a blue glove takes a close-up of water into a test tube to measure water pollution
EPA / PFAS
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Update RE: EPA’s Proposed PFAS Rule Comment Period

In 2024, the EPA proposed a PFAS rule with a January 17, 2025, comment deadline in response to questions from the industry regarding the effective date of supplier notifications for mixtures or trade name products containing a per- or polyfluoroalkyl substance (PFAS) listed on the Toxics Release Inventory (TRI). 90 Fed. Reg. 10043. Stakeholders questioned whether the supplier notification requirements for PFAS begin on January 1, 2025, when PFAS were to be added to the statutory TRI chemical list, or upon EPA completing a rulemaking …

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Spraying trees against pests
EPA / Water Contamination
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Green Groups Urge Ninth Circuit to Push EPA on Atrazine Re-evaluation

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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Scenic view of agricultural field against sky
Litigation
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SEC Chairman Halts Litigation on Climate Disclosure Rules

The acting chairman of the SEC, Mark T. Uyeda, requested Feb. 11 that the Eighth Circuit pause ongoing litigation concerning the Enhancement and Standardization of Climate-Related Disclosures for Investors rule — (known as Climate Disclosure Rules) — that was adopted by the Commission on March 6, 2024.

Pursuant to the Climate Disclosure Rules, publicly traded corporations registered with the SEC would have to include, among other items, the following information in their annual reports:

  • Material climate-related risks: Climate risks that could materially affect the corporation.
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