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Practice Area: Environmental

NINTH CIRCUIT UPHOLDS WASHINGTON CARBON-ALLOWANCE PROGRAM AGAINST DORMANT COMMERCE CLAUSE CHALLENGE

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In PacifiCorp v. Sixkiller, No. 24-4803, 2026 WL 2277099 (9th Cir. Aug. 7, 2026), the Ninth Circuit affirmed dismissal with prejudice of PacifiCorp’s challenge to Washington’s Climate Commitment Act (“CCA”). PacifiCorp argued that the Washington State Department of Ecology violated the Dormant Commerce Clause through enforcement of decarbonization requirements under the CCA by providing no-cost…
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SUPREME COURT HOLDS FIFRA PREEMPTS STATE FAILURE-TO-WARN CLAIMS

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On June 25, 2026, the U.S. Supreme Court issued a significant decision affecting pesticide manufacturers and product liability litigation nationwide, ruling 7-2 that the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) preempts state-law failure-to-warn claims that challenge EPA-approved pesticide labels. The decision, authored by Justice Kavanaugh, resolves a circuit split and is expected to significantly…
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EPA PROPOSES REVISIONS TO FEDERAL WASTEWATER AND COAL ASH REGULATIONS

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The U.S. Environmental Protection Agency (EPA) recently proposed two major revisions to federal environmental regulations affecting coal-fired power plants, signaling a significant shift in federal policy and a broader effort to support continued coal-based electricity generation. The proposed changes, announced in a pair of rulemakings in April and May 2026, will revise portions of the…
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NINTH CIRCUIT REJECTS CLIMATE CHALLENGE TO EPA DISCOUNTING POLICIES

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In G.B. by & through G.P. v. United States Env’t Prot. Agency, No. 25-2473, 2026 WL 959839 (9th Cir. Apr. 9, 2026), the Ninth Circuit for the United States Court of Appeals affirmed dismissal of a constitutional challenge brought by a group of minors against the Environmental Protection Agency (“EPA”) and related federal entities. The…
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ALABAMA ENACTS NEW STANDARDS FOR ENVIRONMENTAL RULEMAKING

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On February 19, 2026, Alabama Governor Kay Ivey signed Senate Bill 71 (Act 2026-81), a law that significantly changes how Alabama state agencies may adopt and enforce environmental regulations. The law establishes a federal ceiling for most environmental standards and introduces a heightened evidentiary threshold for regulating substances not currently addressed at the federal level….
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ALABAMA SUPREME COURT CURBS SECOND-WAVE PFAS SUIT BY GADSDEN WATER BOARD

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In Ex parte DuPont De Nemours, Inc., No. SC-2024-0514, 2025 WL 1009062 (Ala. Apr. 4, 2025), the Alabama Supreme Court granted mandamus relief to several PFAS-related defendants and limited the Water Works and Sewer Board of the City of Gadsden’s second lawsuit over PFAS contamination in the Coosa River. Gadsden Water previously sued a different…
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EPA WILL REASSESS SAFETY OF HERBICIDE PARAQUAT

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On January 9, 2026, the head of the U.S. Environmental Protection Agency (“EPA”) announced that the agency will reassess the safety of paraquat, an herbicide that remains legal in the United States despite bans in other countries. The decision reflects renewed scrutiny of paraquat’s health risks, particularly its alleged connection to Parkinson’s disease, and it…
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FEDERAL COURT VACATES BLACK PINESNAKE CRITICAL HABITAT DESIGNATION IN ALABAMA

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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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EPA PROPOSES NEW RULES REDUCING SCOPE OF PFAS REPORTING REQUIREMENTS

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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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