March 31, 2021
by Alec Williams
Air
Climate change
Litigation
Public Lands
State and Local
After a record-breaking wildfire season in 2020, lawsuits are likely to flood the dockets of federal and state courts across the United States. Wildfire liability determinations at either level can be complex, typically implicating many parties and exorbitant damage awards. However, in light of the projected impact of climate change on wildfire frequency and severity, such lawsuits may become increasingly commonplace.
By Alec Williams, Managing Editor
November 9, 2020
by Shamila Kara
Chemicals
Litigation
Oil and Gas
Brownfields are formed when a property’s use or development has been curtailed by the presence of environmental contaminants. There are over 450,000 Brownfields in the United States today and these sites are home to major environmental pollutants. How does bankruptcy contribute to this issue and why should some states and communities be more concerned than others?
February 13, 2020
by Kayla Steinberg
Agriculture
Litigation
Renewable Energy
State and Local
In July 2019, the Maryland Court of Appeals ruled that the state’s Public Service Commission has the final say on the siting of solar and wind energy projects, prompting concerns by local governments over how to protect farmland from development.
November 15, 2019
by Maxine Walters
Chemicals
Litigation
Residents in Uniontown, Alabama get a win in their battle over Arrowhead Landfill.
October 31, 2019
by Lauren Griffith
Chemicals
Litigation
Oceans
In 2018, 28.5 million people[1] set sail on one of the 314 cruise ships in the world. [2] However, most of these vacation-goers don’t think about what happens to the waste produced by these “floating cities”?[3] Especially after what is known now…
August 15, 2019
by James D. Cromley, J. Michael Showalter, & Schiff Hardin
Litigation
Regulations
A recent Supreme Court decision indicates that at times, courts may be able to look beyond the existing administrative record when reviewing administrative decisions. In Department of Commerce v. New York, the Court looked beyond the record and blocked an agency decision that found to be based on a “contrived,” pretextual rationale.
By James D. Cromley, J. Michael Showalter, & Schiff Hardin, Guest Contributors
April 27, 2019
by Sean Murphy
Chemicals
Litigation
Regulations
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?
April 5, 2019
by Max Chaffetz
Endangered Species
Environmental Law Review Syndicate
Federal Rollbacks
Litigation
Regulations
Wildlife
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.
By Max Chaffetz, Managing Editor, Virginia Environmental Law Journal
March 22, 2019
by Isabelle Smith
Air
Climate change
Fossil Fuels
International
Litigation
Natural Resources
As the global community confronts the reality that a rapid reduction in greenhouse gas (GHG) emissions is urgently required, a new class of climate change litigation is emerging. But what impact are these proceedings having?
February 28, 2019
by Lynn Phan
Air
Chemicals
Climate change
Fossil Fuels
Litigation
Whenever faced with the decision to declare a “healthful environment” or freedom from harmful contaminants as fundamental rights, federal courts have invariably rejected those claims.
