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Practice Area: Environmental

North Carolina Supreme Court Rules That State Can Bring Companies Into State Court For Liabilities Related To Past Pfas Production In Exception To General Rule

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In State ex rel. Stein v. E. I. du Pont de Nemours & Co., the North Carolina Supreme Court considered whether two companies spun off from E.I. DuPont de Nemours and Company (“DuPont”) could avoid personal jurisdiction in cases regarding claims involving the release of PFAS by asserting that those companies had never done business…
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Eleventh Circuit Rules That Federal Insecticide, Fungicide, And Rodenticide Act Does Not Preempt State Law Claims In Monsanto Roundup Litigation

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In Carson v. Monsanto Company, No. 21-10994 (11th Cir. 2022), the Eleventh Circuit ruled on July 12, 2022, that the Federal Insecticide, Fungicide, and Rodenticide Act (“FIFRA”) did not preempt a failure to warn claim brought under Georgia law. Plaintiff’s failure to warn claim arose from claims of malignant fibrous histiocytoma that he alleges was…
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Climate Act Imposes New Fees On Methane Emissions From Oil And Gas Wells

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On August 12, 2022, Congress passed the Inflation Reduction Act, which includes $369 billion in spending on climate action. The Act introduces a “waste emissions charge,” which makes companies who produce, transport, or store oil and gas pay for methane that leaks from their facilities into the atmosphere. The charge will start at $900.00 per…
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Epa Announces New Drinking Water Health Advisories For Pfas ‘Forever Chemicals’

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On June 15, 2022, the U.S. Environmental Protection Agency (EPA) released new drinking water health advisories for per- and polyfluoroalkyl substances (PFAS). The EPA also announced $1 billion in funding to address PFAS and other emerging contaminants in drinking water. PFAS have been linked to infertility, thyroid problems, and several types of cancer. Since the…
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Justice Department Begins Comprehensive Environmental Justice Strategy

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On May 5, 2022, Attorney General Merrick Garland and EPA Administrator Michael Regan released a memorandum entitled: “Actions to Advance Environmental Justice.” The memorandum from the Office of the Attorney General announces three actions to “secure environmental justice for all Americans.” First, the Justice Department issued a comprehensive environmental justice enforcement strategy to guide the…
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Eleventh Circuit Court Of Appeals Holds Loss Of Aesthetic Pleasure In Viewing Wetland Sufficient To Establish Standing

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In Glynn Env’t Coal., Inc. v. Sea Island Acquisition, LLC, 26 F.4th 1235 (11th Cir. 2022), environmentalist Jane Fraser (“Fraser”) alleged that Sea Island Acquisition, LLC (“Sea Island”) filled wetlands with outside materials, diminishing her aesthetic interest in recreation and enjoyment of the natural beauty of the wetland. The Eleventh Circuit Court of Appeals held…
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District Court Issues Injunction In Regard To Biden Administration Executive Order Related To Greenhouse Gas Emissions

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In Louisiana v. Biden, 2022 WL 438313 (E.D. La. 2022), the States of Louisiana, Alabama, Florida, Georgia, Kentucky, Mississippi, South Dakota, Texas, West Virginia, and Wyoming moved for a preliminary injunction to enjoin enforcement of an executive order that reinstated the Interagency Working Group on Social Costs of Greenhouse Gas Emissions (“IWG”) and ordered the…
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Fifth Circuit Affirms The Dismissal Of Residential Association’s Lawsuit Against City For Selling Allegedly Contaminated Land To Residents

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The Residents of Gordon Plaza, Inc. (“Gordon Plaza”) filed suit under the Resource Conservation and Recovery Act (RCRA), 42 U.S.C. § 6972(a)(1)(B), against the Mayor of New Orleans LaToya Cantrell and the City of New Orleans (the “City”) for the City’s alleged targeting of African American residents for the sale of residential units without disclosing that…
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