The MGKF Litigation Blog, published by Manko | Gold | Katcher | Fox LLP, focuses on litigation developments primarily in environmental and energy law. It covers court decisions and legal issues related to the Endangered Species Act, Clean Water Act enforcement, climate change legislation, and related constitutional challenges. The blog also addresses procedural and jurisdictional matters in environmental litigation, including bankruptcy implications in contamination and cleanup cases. It highlights significant appellate rulings from various federal circuits, emphasizing litigation strategy and regulatory compliance in areas such as water use, air quality, greenhouse gas regulation, and fossil fuel industry accountability.
Pennsylvania Federal Court Clarifies HSCA Statute of Limitations and “Response Costs” Under HSCA and CERCLA
A recent decision from the United States District Court for the Middle District of Pennsylvania offers insight into cost recovery claims under both the Comprehensive…
The United States District Court for the District of New Jersey dismissed a class action lawsuit against Johnson & Johnson entities and Kenvue, Inc. concerning the presence of per- or polyfluoroalkyl substances (“PFAS”) in Band-Aid products on grounds of standing.…
A federal district court in Massachusetts recently issued companion decisions addressing the “useful product defense” in the context of biosolids that contain per- and polyfluoroalkyl substances (PFAS). In twin orders dated December 30, 2025, the court held that biosolid pellets,…
Earlier this month, a federal district court in California certified a class claiming economic injury caused by alleged misrepresentations regarding pet food ingredients. The class alleges that the pet food advertises its ingredients as healthful when in fact the products…
On January 14, 2026, the U.S. Court of Appeals for the Fifth Circuit denied a petition for review challenging the Texas Commission on Environmental Quality’s (“TCEQ”) approval of a third extension of the construction deadline for the Texas LNG Port…
In a recent decision by the United States Court of Appeals for the Sixth Circuit, Sierra Club v. EPA, Nos. 23-3581/3583 (6th Cir. Dec. 5, 2025), the Court invoked its statutory interpretation authority to hold that EPA contravened the plain…
In a precedential decision, the Ninth Circuit recently modified its approach to mandatory injunctive relief in Endangered Species Act (ESA) cases involving multiple species. The court, in San Luis Obispo Coastkeeper et al. v. County of San Luis Obispo, No.…
The Ninth Circuit’s November 5th decision in Coastal Environmental Rights Foundation, v. Naples Restaurant Group, LLC exploded onto the scene — deepening an existing circuit split on whether a Clean Water Act citizen suit stays alive based solely only civil…
Earlier this month, the U.S. District Court for the Northern District of New York denied a motion by several environmental organizations seeking to intervene in a multistate constitutional challenge to New York’s Climate Change Superfund Act (“CCSA” or the “Act”)…
On October 3, 2025 a three judge panel for the Second Circuit ruled that Exxon Mobil Corporation, BP P.L.C., Shell Oil Company, and the American Petroleum Institute (“API”) must pay New York City (“the City”)’s attorneys’ fees and costs for…
