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Vinyl Institute, Inc. v. Environmental Protection Agency
The D.C. Circuit vacated a 2022 EPA order requiring chemical manufacturers/processors to test the chronic toxicity of 1,1,2-trichloroethane pursuant to TSCA. A trade organization representing seven entities challenged the order, arguing EPA failed to comply with several statutory requirements. The c...
Natural Resource Damages Under CERCLA and OPA
Natural resource damages (NRD) under federal law is a statutory cause of action to compensate for injury to natural resources resulting from releases of hazardous substances or oil. Designated officials are authorized under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) and the Oil Pollution Act (OPA), among others, to act as “trustees” on behalf of the public or tribes.
Multnomah, County of v. Exxon Mobil Corp.
A district court adopted a magistrate judge's findings and recommendations to remand to state court a climate liability lawsuit brought by an Oregon county against oil and gas companies. The county initially sued in state court, arguing the companies failed to warn consumers about the negative effec...
Center for Environmental Health v. Regan
The Fourth Circuit affirmed dismissal of a TSCA citizen suit concerning EPA's decision on a petition to require testing for 54 per- and polyfluoroalkyl substances (PFAS). Four citizen groups argued that EPA's decision, which granted the petition and agreed to require testing on PFAS as a class throu...
New York, City of v. Exxon Mobil Corp.
A district court granted New York City's motion to remand to state court a climate deception lawsuit brought against fossil fuel companies. The city initially sued the companies in state court, arguing they violated the city's consumer protection law by misleading consumers about the impact of their...