Online Articles

Duck, Duck, Sued! – CERCLA’s Game of Contribution Tag

April 27, 2019 by Rebecca Strauss Chemicals Litigation

By Sean Murphy, Staff Contributor

Imagine the polluters in a CERCLA Superfund suit sitting in a circle playing Duck Duck Goose. That’s right—this game isn’t just for kids. CERCLA, the Superfund statute lets polluters play a similar game of liability tag in contribution actions. But is CERCLA really all fun and games?

Clarifying the Endangered Species Act’s “Distinct Population Segment” Policy Through the Lens of Grizzly Bears

April 5, 2019 by Georgetown Environmental Law Review Endangered Species Environmental Law Review Syndicate Federal Rollbacks Litigation Wildlife

By Max Chaffetz, Managing Editor, Virginia​ Environmental Law Journal

How does the Endangered Species Act’s “Distinct Population Segment” policy apply to the iconic grizzly bear? Read more in this analysis posted via the Environmental Law Review Syndicate.

Did You Get the Memo? Latest Guidance from Trump’s EPA Sparks Controversy

February 21, 2019 by Samuel Ruddy Air Energy Federal Rollbacks Fossil Fuels Litigation

By Kathryn Priester, Staff Contributor

Environmental groups and the State of California are up in arms over an EPA memo scrapping a decades-old Clean Air Act policy. Will the DC Circuit weigh in on the EPA’s use of “guidance” to drastically shift US regulatory policy?

Kids Take a Stand Against Climate Change, but Do They Have Standing?

January 25, 2019 by Rebecca Strauss Air Climate change Litigation

By Rourke Donahue, Staff Contributor

Twenty-one children are suing the federal government over its failure to address climate change. But does the public have a fundamental right to the environment and is climate change an appropriate issue for courts to address?

Litigating the Alleged Carcinogenicity of Glyphosate in Monsanto’s Roundup: The Fairness (and Unfairness) of Deciding Causation Independent of Liability

January 17, 2019 by mjb443 Chemicals Litigation

By Leora Friedman, Staff Contributor.

The Northern District of California readies to hear the U.S.’s first federal test case regarding the carcinogenicity of Monsanto’s glyphosate-containing herbicide, Roundup. Controversially, in early January 2019, Judge Chhabria granted Monsanto’s request for bifurcation—agreeing first to litigate glyphosate’s causation to the plaintiff’s cancer and, only afterward, allowing evidence of Monsanto’s alleged efforts to sway agency positions on glyphosate. But can the reliability of scientific studies be determined without considering the institutions that may have housed and/or nurtured them?

A prairie dog, an animal that can be found at many zoos.

D.C. District Court Announces Standard for Administrative Standing that Could Broadly Enable Third Party Participation in Agency Proceedings Regarding Environmental Claims

September 9, 2018 by bcf27 Litigation

By Samantha Peppers, Executive Editor

In administrative law, third parties may intervene in agency actions so long as they qualify as an "interested person." The D.C. District Court in a recent decision has articulated criteria for determining administrative standing, and in doing so, identified a clear standard for determining whether a party qualifies as an "interested person." The rule from this case is broadly applicable and may be helpful in enabling third party participation in many areas of environmental litigation.