Margaret Anne Hill and Stephen C. Zumbrun ● Overview On May 29, 2025, the U.S. Supreme Court issued a significant decision clarifying the scope of environmental review required under the National Environmental Policy Act (“NEPA”) for major infrastructure projects. The Court recognized
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Unleashing American Energy: Trump Administration’s Latest Executive Orders
Margaret Anne Hill, Frank L. Tamulonis III, Melissa A. Scacchitti, and Stephen C. Zumbrun ● New Executive Orders and Proclamation On April 8, 2025, President Donald J. Trump issued three significant executive orders (“EOs”) and a fourth proclamation consistent with…
PFAS Bans Go into Effect; Manufacturers Attempt to Push Back on Regulations
Michael C. Lupton, Frank A. Dante, and Kevin R. Doherty ● Many states have enacted or plan to enact new regulations regarding the manufacturing of products containing per- and polyfluoroalkyl substances (“PFAS”), also known as “forever chemicals,” because they do…
PFAS and Consumer Class Actions: The New Wave of PFAS Litigation
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…
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…