The Second Circuit affirmed a lower court decision that CERCLA preempts state tort law claims brought by residents living near the Onondaga Lake Superfund site. The owner of the site undertook remedial action pursuant to a federal consent decree. The residents argued, on a state tort law theory, tha...

A district court held that that the Department of Homeland Security (DHS) need not disclose information about certain chemical facilities per an environmental group's FOIA request. The group sought information regarding previously high-risk facilities that have reduced their chemical holdings. DHS p...

A district court denied a pesticide manufacturer's motion to dismiss a lawsuit alleging that the label on one of its weed-killing products is false and misleading. The product's label states that it targets an enzyme "found in plants but not in people or pets." But an anti-pesticide group alleges th...

A Texas court, ruling on a petition for pre-suit discovery, held that it would have jurisdiction over a major oil corporation's potential lawsuit against several California cities that have filed suit against it relating to climate change. The company's potential claims would allege, among other thi...

A Colorado court, on motions for summary judgment, held that state and federal law preempt portions of a city ordinance concerning the regulation of oil and gas development within its boundaries. The provisions for minimum setbacks prohibit what state regulations would allow. As such, they are preem...

The Eighth Circuit held that a lower court must hold a new trial with respect to a family's claims for punitive damages against a former manufacturing company for tricholorethylene contamination that allegedly caused their daughter to develop autoimmune hepatitis. The contamination occurred between ...

Pennsylvania's highest court held that the $10,000/day civil penalty under the Clean Streams Law does not apply to each day that pollutants leaked from an impoundment remain in the groundwater and then leach into other waters of the Commonwealth. The case arose after the state environmental agency a...

A district court held that EPA violated the APA by failing to provide notice and opportunity to comment before delaying the effective date of a January 2017 rule concerning the certification and use of “restricted use pesticides." The rule, which was to go into effect on March 6, 2017, established...

A district court dismissed environmental groups' lawsuit against the FDA concerning the use of formaldehyde and formaldehyde-producing chemicals in hair-straightening products. The groups petitioned the FDA to investigate deceptive labeling of such products, require appropriate labeling, and conside...