In a precedential decision, the Ninth Circuit recently modified its approach to mandatory injunctive relief in Endangered Species Act (ESA) cases involving multiple species. The court, in San Luis Obispo Coastkeeper et al. v. County of San Luis Obispo, No. 24-7807 (9th Cir. Dec. 3, 2025), held that “when mandatory injunctive relief under the ESA
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Ninth Circuit Finds Clean Water Act Suit Seeking Only Civil Penalties Becomes Moot Once Wrongful Conduct Ceased
The Ninth Circuit’s November 5th decision in Coastal Environmental Rights Foundation, v. Naples Restaurant Group, LLC exploded onto the scene — deepening an existing circuit split on whether a Clean Water Act citizen suit stays alive based solely only civil penalties once the alleged wrongful conduct ceases. Consistent with the Eighth Circuit, the Ninth Circuit
Environmental Groups Denied Intervention in Constitutional Challenge to New York’s Climate Law
Environmental Groups Denied Intervention in Constitutional Challenge to New York’s Climate Law
Earlier this month, the U.S. District Court for the Northern District of New York denied a motion by several environmental organizations seeking to intervene in a multistate constitutional challenge to New York’s Climate Change Superfund Act (“CCSA” or the “Act”) – a landmark
Second Circuit Orders Attorneys’ Fees for Removal Arguments in New York City Climate Change Case
Second Circuit Orders Attorneys’ Fees for Removal Arguments in New York City Climate Change Case
On October 3, 2025 a three judge panel for the Second Circuit ruled that Exxon Mobil Corporation, BP P.L.C., Shell Oil Company, and the American Petroleum Institute (“API”) must pay New York City (“the City”)’s attorneys’ fees and costs for
Third Circuit Affirms Bankruptcy Jurisdiction to Interpret Confirmation Order and Denies Collateral Attack in Pending CERCLA Litigation
Third Circuit Affirms Bankruptcy Jurisdiction to Interpret Confirmation Order and Denies Collateral Attack in Pending CERCLA Litigation
In a reversal of a decision by the New Jersey District Court, the Court of Appeals for the Third Circuit in In re Congoleum Corporation held 2-1 that the bankruptcy court did not have jurisdiction to reopen an
Ninth Circuit Court of Appeals Holds that Cultural Uses May Be Considered in Natural Resource Damage Assessments
Ninth Circuit Court of Appeals Holds that Cultural Uses May Be Considered in Natural Resource Damage Assessments
This month, the United States Court of Appeals for the Ninth Circuit held in Confederated Tribes of the Colville Rsrv. v. Teck Cominco Metals Ltd, No. 24-5565, 2025 WL 2525853 (9th Cir. Sept. 3, 2025) that CERCLA permits
Supreme Court's Denial of Certiorari Leaves a Circuit Split on the Scope for Citizen Enforcement Under Clean Water Act
Supreme Court’s Denial of Certiorari Leaves a Circuit Split on the Scope for Citizen Enforcement Under Clean Water Act
On June 30, 2025, the Supreme Court denied the Port of Tacoma (the “Port”) and SSA Terminals LLC’s (“SSA”) petition for writ of certiorari to review the 9th Circuit’s decision in Port of Tacoma v. Puget
Court Narrows Claims in Navy Land Sale Contamination Dispute
Court Narrows Claims in Navy Land Sale Contamination Dispute
A recent decision sheds light on the U.S. government’s cleanup obligations in land sales involving former military sites. In Hamilton Square, LLC v. United States, No. 20-1285 (Fed. Cl. July 15, 2025), the U.S. Court of Federal Claims allowed a key environmental remediation claim to proceed
District Court Upholds Public Water Supplier’s Tort Claims & Finds Expert Testimony Admissible in Groundwater Contamination Litigation
District Court Upholds Public Water Supplier’s Tort Claims & Finds Expert Testimony Admissible in Groundwater Contamination Litigation
On July 9th, 2025, the Eastern District of New York ruled on a series of motions in Suffolk County Water Authority v. Dow Chemical Company, a case brought by the Suffolk County Water Authority (“Suffolk”) against chemical manufacturers
Second Circuit Clarifies CERCLA Statute of Limitations in Multi-Phase Cleanups
Second Circuit Clarifies CERCLA Statute of Limitations in Multi-Phase Cleanups
Posted on
July 29, 2025
This post was written by MGKF summer associate Kennedy Reardon
On July 17, 2025, the Second Circuit issued an opinion in ELG Utica Alloys, Inc. v. Niagara Mohawk Power Corp. affirming an order granting summary judgment against ELG Utica Alloys,