State government plaintiffs in cases against PFAS manufacturers have adopted the strategy of filing parallel complaints in state court – one for recovery for contamination caused by PFAS in AFFF and a second for potentially comingled PFAS contamination caused by PFAS from consumer and other non-AFFF products. One reason for doing so: attempting to keep
Cuts, Closures, and Confusion: A Quick Update on U.S. EPA
It has been 50 days since the Trump administration took office, and there remains a tsunami of activity surrounding executive actions and announcements across the federal government. The Environmental Protection Agency (EPA) has not been spared from deep cuts, office and grant program closures, and a fair amount of confusion.
On March 11, 2025, EPA
EPA Brought an Axe to a Regulatory Fight
On March 12, 2025, the U.S. Environmental Protection Agency (“EPA”) announced its deregulatory agenda.[1] Although most of the 31 actions identified by the EPA will require formal notice and comment rulemaking, with litigation ensuing, Wednesday’s announcement makes good on the Trump Administration’s promises to roll back environmental regulation.[2]
Of particular significance to the
EPA to Roll Back 31 Environmental Rules
Yesterday, Environmental Protection Agency (EPA) Administrator Lee Zeldin announced the agency will undertake 31 historic actions in the “greatest and most consequential day of deregulation in U.S. history,” mostly aimed at reducing or eliminating regulations regarding air pollution, energy production for coal plants, and DEI.
Of these actions, one of the most consequential is rolling
Agricultural Law Weekly Review—March 11, 2025
Water Quality: Supreme Court Holds ‘Generic Prohibitions’ Unauthorized by Clean Water Act
On March 4, 2025, the U.S. Supreme Court issued an opinion holding that the Clean Water Act (CWA) does not authorize the U.S. Environmental Protection Agency (EPA) to impose “generic prohibitions,” otherwise known as “end-result” provisions, in National Pollutant Discharge Elimination
President Trump Moves to Repeal NEPA Regulations
UPDATE
On February 19, the White House unveiled an interim final rule (IFR) to rescind all National Environmental Policy Act (NEPA) implementing regulations that the Council on Environmental Quality (CEQ) has promulgated since 1977. The IFR takes effect immediately and bypasses the usual public notice and comment process for rulemakings by invoking the “good cause” exception in the Administrative Procedures Act (APA)[1], although its publication in the Federal Register will trigger a 30-day public comment period.
Shale Law Weekly Review—Week of March 10, 2025
Pipelines: Michigan Court of Appeals Upholds Permit for Enbridge’s Relocation of Line 5
On February 19, 2025, the Michigan Court of Appeals upheld the conditional approval for Enbridge Energy Limited Partnership (“Enbridge”) to relocate its “Line 5” pipeline to a tunnel underneath the Straits of Mackinac in a consolidated appeal opinion. In Re Application Of
Report From Final Day of the 2025 ABA OSHA/MSHA Law Conference
The final day of the ABA Workplace and Occupational Safety and Health Law Committee Midwinter Meeting began with a panel discussion on mental health, behavioral issues, and workplace violence. Many employers and practitioners have observed state plans making significant efforts to develop and implement workplace violence prevention plans. For example, California’s prevention plan requirements for
Legal Battle Over California’s Climate Disclosure Laws Continues as Plaintiffs File a Motion for Preliminary Injunction
Paramount to the ruling in the upcoming May 5, 2025, hearing is the likelihood that strict scrutiny will apply to the plaintiffs’ First Amendment claims against SB 253 and SB 261.
By Joshua Bledsoe, Nikki Buffa, Betty M. Huber, and Matthew Green
On February 25, 2025, in Chamber of Commerce of the
European Commission Unveils Clean Industrial Deal
The Clean Industrial Deal aims to establish a joint roadmap for competitiveness and decarbonisation.
By Paul Davies, Michael Green, JP Sweny, Alexander Buckeridge-Hocking, Toon Dictus, and Nick Scott
On 26 February 2025, the European Commission (the Commission) unveiled the Clean Industrial Deal (the Deal), a strategy designed to bolster