Environmental Law

A federal judge has ruled New York's Climate Change Superfund Act unconstitutional, marking the second such decision in under a month. The ruling permanently enjoins enforcement of the law that sought to retroactively hold fossil fuel producers liable for $75 billion in climate adaptation costs based on historical emissions. This decision adds to growing legal uncertainty around state and local efforts to pursue climate damages through the court system.

Two federal courts have invalidated New York’s Climate Change Superfund Act on preemption grounds, foreclosing the state’s plan to collect $75 billion from fossil fuel companies for climate adaptation projects and signaling how a similar challenge to Vermont’s climate superfund law may be resolved.

California's water professionals work tirelessly to ensure safe and reliable water, wastewater, and recycled water services across the state, especially as the region faces a hotter, drier climate with extreme weather events. This recognition highlights the essential expertise and dedication these professionals bring to their communities while encouraging the next generation to consider rewarding careers in the water industry.

Two federal courts have invalidated New York’s Climate Change Superfund Act on preemption grounds, foreclosing the state’s plan to collect $75 billion from fossil fuel companies for climate adaptation projects and signaling how a similar challenge to Vermont’s climate superfund law may be resolved.

The Minnesota Pollution Control Agency has released new testing results showing that manufacturers have successfully transitioned away from PFAS-containing products in key consumer categories. The data reveals a dramatic improvement in compliance rates since Minnesota's PFAS prohibitions took effect, with over 92 percent of tested products now meeting state requirements for dental floss, menstrual products, and food packaging.

A federal district court has preliminarily enjoined the EPA from reclassifying California's Clean Air Act preemption waiver orders as "rules" subject to the Congressional Review Act. The court found that EPA's reclassification likely violated the Administrative Procedure Act and exceeded the agency's authority, though the order does not prevent Congress from proceeding with pending disapproval resolutions.

Maryland shellfish growers, leaseholders, dealers, and prospective aquaculture operators should take note of several recent actions.

California property owners and public agencies face complex liability questions when floods, mudslides, and erosion cause damage during severe weather events. While storms alone don't automatically create public liability, inverse condemnation claims may arise when public infrastructure substantially contributes to property damage. Understanding causation and preserving evidence immediately after water-related incidents can be critical to determining responsibility.

A federal judge has ruled New York's Climate Change Superfund Act unconstitutional, marking the second such decision in under a month. The ruling permanently enjoins enforcement of the law that sought to retroactively hold fossil fuel producers liable for $75 billion in climate adaptation costs based on historical emissions. This decision adds to growing legal uncertainty around state and local efforts to pursue climate damages through the court system.

Colorado is leaning on Oregon’s recent Extended Producer Responsibility (EPR) victory. The State has moved to dismiss National Association of Wholesaler-Distributors’ (NAW) private nondelegation and unconstitutional conditions claims, arguing that substantially similar theories already failed in Oregon.

Although this RFI might be overlooked or dismissed as a minor technical matter, it could have important implications for the scope of the RCRA hazardous waste regulatory program and related matters, such as site remediation.

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