Fourth Circuit Clarifies Irreparable Harm Showing Required to Obtain Preliminary Injunction to Prevent PFAS Discharges in Excess of Permit Limits
In West Virginia Rivers Coalition, Inc., et al. v. The Chemours Company FC, LLC, the Court of Appeals for the Fourth Circuit vacated a district court decision to preliminarily enjoin The Chemours Company (“Chemours”) from
Fourth Circuit “Decline[s] to Hit Pause” on Pipeline Project Involving Trenching Through Streams and Wetlands
In an Order issued on May 18, 2026, the United States Court of Appeals for the Fourth Circuit denied a motion for a stay pending appeal filed by a coalition of environmental groups, who sought to halt the construction of
When Does NEPA Apply? The Eleventh Circuit Draws a Hard Line in Friends of the Everglades v. DHS
In a significant April 2026 decision, the U.S. Court of Appeals for the Eleventh Circuit vacated a district court injunction that had halted operation of an immigration detention facility constructed in the Florida Everglades (“the Facility”). The
Supreme Court Broadly Interprets “relating to” in Federal Officer Removal Statute
Earlier this month in Chevron USA Inc. v. Plaquemines Parish, the U.S. Supreme Court broadly interpreted the meaning of “relating to” in the federal officer removal statute. In doing so, it vacated the judgment of the Fifth Circuit that held defendant had not sufficiently
Pennsylvania Federal Court Clarifies HSCA Statute of Limitations and “Response Costs” Under HSCA and CERCLA
A recent decision from the United States District Court for the Middle District of Pennsylvania offers insight into cost recovery claims under both the Comprehensive Environmental Response, Compensation, and Liability Act (“CERCLA”) and Pennsylvania’s Hazardous Sites Cleanup Act (“HSCA”). On
The United States District Court for the District of New Jersey dismissed a class action lawsuit against Johnson & Johnson entities and Kenvue, Inc. concerning the presence of per- or polyfluoroalkyl substances (“PFAS”) in Band-Aid products on grounds of standing. This case, Jo Aronstein, et al. v. Kenvue, Inc. et al., is one of many
A federal district court in Massachusetts recently issued companion decisions addressing the “useful product defense” in the context of biosolids that contain per- and polyfluoroalkyl substances (PFAS). In twin orders dated December 30, 2025, the court held that biosolid pellets, or “biopellets”—which are produced from treated wastewater solids and used as fertilizer—are “useful products,” providing
Earlier this month, a federal district court in California certified a class claiming economic injury caused by alleged misrepresentations regarding pet food ingredients. The class alleges that the pet food advertises its ingredients as healthful when in fact the products contained allegedly harmful chemicals, including PFAS. Read More »
On January 14, 2026, the U.S. Court of Appeals for the Fifth Circuit denied a petition for review challenging the Texas Commission on Environmental Quality’s (“TCEQ”) approval of a third extension of the construction deadline for the Texas LNG Port of Brownsville liquefied natural gas (“LNG”) terminal. The Court held that although environmental justice advocates
In a recent decision by the United States Court of Appeals for the Sixth Circuit, Sierra Club v. EPA, Nos. 23-3581/3583 (6th Cir. Dec. 5, 2025), the Court invoked its statutory interpretation authority to hold that EPA contravened the plain language of the Clean Air Act (“CAA”) by redesignating the Detroit area as in attainment