Frank A. Dante, Margaret Anne Hill, and Melissa A. Scacchitti ● With a new year has come a new wave of litigation involving PFAS (per- and poly-fluoroalkyl substances), also known as “forever chemicals.” While PFAS litigation up to this point has
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New Jersey Appellate Division Makes Clear Experts Must Demonstrate a Scientifically Recognized Methodology
Jane Thomas Recently, the New Jersey Appellate Division, in Dorrell v. Woodruff Energy, Inc.,[1] vacated a 2018 judgment against Chevron U.S.A., Inc. (“Chevron”) that had found Chevron liable for gasoline contamination. More specifically, the Appellate Division found that plaintiff’s expert…
LNG by Rail: The D.C. Circuit Vacates a DOT Rulemaking and Outlines a Path for Challenges Yet to Come
Mark R. Haskell ● In Sierra Club v. United States Dep’t of Transportation[1],a panel of the United States Court of Appeals for the District of Columbia Circuit (“D.C. Circuit”) vacated and remanded a final rule[2] issued by the Department of Transportation…
Lead Contamination in Water: Flint Water Crisis Update
Deborah Greenspan and Fredric M. Brooks ● The existence of lead pipes in municipal water systems and service lines connecting residential and commercial properties to water mains throughout the United States continues to generate litigation and regulatory action. The U.S. government…
SCOTUS Declines to Review California’s Clean Air Act Preemption Waiver—Current Implications and Expected Response from the Incoming Administration
Sedalia E. Jones-Kennelly ● Update and Background The U.S. Supreme Court, in Diamond Alternative Energy, LLC v. EPA, et al,[1] recently declined to review whether the Environmental Protection Agency (“EPA”) exceeded its authority by granting a preemption waiver for California’s…
The Supreme Court Ends Chevron Deference—What Does This Mean for Environmental Regulation and Enforcement?
Margaret Anne Hill, Frank L. Tamulonis III, and Holli B. Packer ● The Supreme Court of the United States’ recent ruling in Loper Bright Enterprises v. Raimondo[1]dealt a significant blow to the power of federal agencies by ending the 40-year-old precedent commonly…
EPA Issues Final PFAS National Primary Drinking Water Regulation
Margaret Anne Hill and Camila Thorpe ● On April 10, 2024, the Environmental Protection Agency (“EPA”) finalized the National Primary Drinking Water Regulation (“NPDWR”) for six per- and polyfluoroalkyl substances (“PFAS”). PFAS, also known as “forever chemicals,” are widely used…
EPA’s Focus on Ethylene Oxide
Margaret Anne Hill, Holli B. Packer, and Robert P. Scott ● The Environmental Protection Agency issued a final rule on March 14 that will require significantly reduced emissions from commercial facilities that sterilize medical devices and other equipment using ethylene oxide gas (“EtO…
New SEC Climate-Related Disclosure Rule
Margaret Anne Hill and Holli B. Packer ● On March 6, 2024, the Securities and Exchange Commission (“SEC”) adopted amendments to the disclosure rules under the Securities Act of 1933 and the Securities Exchange Act of 1934. Although the final rule is a…
Climate Change Litigation – State Tort Cases Move Ahead
Margaret Anne Hill and Stephen C. Zumbrun ● Climate change-related litigation has been increasing in the United States for the past several years. Not only have the actual number of these types of cases increased, but the claims raised in…