In Skipper v. United States Fish and Wildlife Service, 796. F. Supp. 3d 996 (S.D. Ala. 2025), the U.S. District Court for the Southern District of Alabama partially vacated the U.S. Fish and Wildlife Service’s (“FWS”) critical habitat designation for the black pinesnake, offering guidance on how agencies must justify occupied habitats and evaluate economic…
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On November 10, 2025, the U.S. Environmental Protection Agency (EPA) released a proposal to significantly narrow the scope of its per- and polyfluoroalkyl substances (PFAS) reporting rule under Section 8(a)(7) of the Toxic Substances Control Act (TSCA), just two years after finalizing the original rule in October 2023. The 2023 rule requires manufacturers, including importers,…
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On October 6, 2025, a group of plaintiffs filed suit against the EPA. Rhode Island AFL-CIO et. al. v. United States Environmental Protection Agency, No. 1:25-cv-00510 (D.R.I. filed Oct. 6, 2025). The Plaintiffs include the Rhode Island AFL-CIO, Rhode Island Center for Justice, Anh Nguyen, Solar United Neighbors, Sunpath Solar, 2KB Energy Services, Energy Independent…
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The U.S. Court of Appeals for the D.C. Circuit has reinstated the “emergency” affirmative defense under Title V of the Clean Air Act, reversing the Environmental Protection Agency’s (“EPA”) 2023 decision to remove it. For more than three decades, 40 C.F.R. § 70.6(g) allowed permit holders to assert a complete defense against liability when excess…
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On June 20, 2025, the U.S. Supreme Court issued a decision in Diamond Alternative Energy, LLC v. Environmental Protection Agency, 606 U.S. ___, 145 S.Ct. 2121 (2025). The Supreme Court determined that fuel producers have Article III standing to challenge the EPA’s 2022 approval of California’s vehicle emissions standards and electric vehicle mandates under the…
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On June 30, 2025, the United States Supreme Court invited the Solicitor General to submit the federal government’s views on whether it should hear Monsanto Co. v. Durnell, a case involving Bayer’s glyphosate-based herbicide, Roundup. The central legal issue concerns whether the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) preempts state failure-to-warn claims when product…
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The Supreme Court recently issued a decision in Seven County Infrastructure Coalition v. Eagle County, 605 U.S. ___ (2025). The Court held that NEPA requires environmental assessments only of the specific project under review, not of side effects caused by separate actions. It also reaffirmed courts must show strong deference to agency decisions on environmental…
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In the case of Alabama v. United States Army Corps of Eng’rs, No. CV 15-696 (LLA), (D.D.C. Mar. 31, 2025), a legal dispute between the State of Alabama and the United States Army Corps of Engineers (the “Corps”), with the State of Georgia and other entities as intervenor-defendants, was resolved in favor of the Corps…
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In a significant Clean Water Act ruling, on March 4, 2025, the U.S. Supreme Court narrowed the Environmental Protection Agency’s (“EPA”) authority under the National Pollutant Discharge Elimination System (NPDES) permitting process. The decision in City and County of San Francisco v. Environmental Protection Agency, 604 U.S. ___, 145 S. Ct. 704 (2025) strikes down…
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The Supreme Court recently issued a decision in City & County of San Francisco v. Environmental Protection Agency, which clarifies the authority of federal and state environmental enforcement agencies to include limitations in pollutant-discharge permits. The Court held the Environmental Protection Agency (“EPA”) has authority to specify the actions a permittee must take to ensure…
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