Your Guide to Emerging Issues in Environmental Regulation and Litigation.
In May, the U.S. Environmental Protection Agency (EPA) announced a final rule to revise the 2023 Technology Transitions Rule (TTR) as well as a technical fix to the 2024 Emissions Reduction and Reclamation Rule (ER&R). By way of background, the TTR required many companies, including supermarkets, in-home AC systems, manufacturers of semiconductor chips, and transporters …
The Environmental Protection Agency will issue two new rules aimed at delaying and rescinding maximum contaminant levels in drinking water. The first one will repeal 2024 regulations that set nationwide limits on four per- and polyfluoroalkyl substances (PFAS) – GenX, PFNA, PFBS, and PFHxS. The EPA announced it will additionally restart a lengthy process to …
Recently, while speaking at a conference in Washington D.C., the Environmental Protection Agency’s head of the Office of Water, Jessica Kramer, indicated the administration is revisiting the Biden administration’s limits on per- and polyfluoroalkyl substances (PFAS), commonly referred to as “forever chemicals,” in drinking water. The prior limits were put in place by the Biden …
The Supreme Court of Maryland recently affirmed the dismissal of three climate change lawsuits brought by state municipalities against various energy companies, finding that the claims were displaced and preempted by federal law. According to the court, “state law can’t be used to impose liability for global greenhouse gas pollution” and that, “at bottom, the …
In a January 2025 nationwide class-action suit, consumer plaintiffs alleged a leading smartwatch maker was using perfluorohexanoic acid (PFHxA) in its fluoroelastomer sports band products for its smartwatches and that it did not warn consumers of risk. The smartwatch maker then moved to dismiss the complaint for lack of subject matter jurisdiction and failure to …
On April 29, 2026, the California Sixth Appellate District unanimously affirmed a 2023 defense judgement issued by the trial court in the case of Jones v. Monsanto Co. in which the plaintiff, Bruce Jones, alleged that glyphosate exposure from decades long use of Roundup caused him to develop Non‑Hodgkin lymphoma and that Monsanto knew or should …
To effectively regulate and reduce greenhouse gas (GHG) emissions, gathering clear, accurate, and verified corporate emissions reporting data is essential. New York’s Senate Bill S9072A, known as the Climate Corporate Data Accountability Act (CCDAA), aims to do just that. In February 2026, the bill passed the Senate and moved to the Assembly for consideration. If …
As artificial intelligence, data centers and cryptocurrency mining facilities proliferate across the United States, communities in which companies are looking to place these operations are beginning to push back more forcefully. Indeed, as municipalities and towns throughout the country have learned, the activities going on at these centers are not only noisy, but monopolize power …
As previously reported by ELM (here), the U.S. District Court for the Southern District of Florida last year enjoined the federal government from “installing any additional industrial-style lighting … or doing any paving, filling, excavating, or fencing; or doing any other site expansion” of the detention center known as “Alligator Alcatraz.” The District Court further …
The U.S. Supreme Court on Friday unanimously held that the dozens of pending environmental damage lawsuits against oil and gas companies in Louisiana belong in federal court under the federal officer removal statute. Over the past decade, several Louisiana parishes filed lawsuits in state court against various oil and gas companies alleging the companies violated …