Last month in Atlantic Richfield Company v. NL Industries, the Tenth Circuit Court of Appeals held that plaintiff Atlantic Richfield’s action under the Comprehensive Environmental Response, Compensation, and Liability Act (“CERCLA”) was timely, reversing the District Court’s determination applying the statute of limitations for cost recovery actions and granting summary judgment to the defendant NL Industries entities on that basis. Read More »

Share | Email| Comments|  Topics: CERCLA, Contribution, Cost Recovery, Potentially Responsible Parties, Statute of Limitations, Superfund, Tenth Circuit

In a decision on February 5, 2025, the Superior Court of New Jersey dismissed the Attorney General of New Jersey’s state tort claims against various energy companies seeking redress for the effects of climate change in Platkin v. Exxon Mobil Corp (N.J. Super. No. MER-L-001797-22).  Because the dispute concerned interstate and global air emissions, which implicate uniquely federal interests, the court concluded that the federal Constitutional structure requires that federal common law preempts these climate-change related tort claims.   Read More »

Share | Email| Comments|  Topics: Air, Clean Air Act, Climate Change, Energy, New Jersey, NJDEP, Toxic Torts

In Conservation Law Foundation, Inc. v. Academy Express, LLC, the Conservation Law Foundation brought a private right of action under the Clean Air Act, alleging that Academy Express, LLC, a bus company, allowed its vehicles to sit idle for excessive periods of time across Massachusetts and Connecticut. No. 20-10032-WGY (D. Mass. 2023). On appeal, the First Circuit decided an interesting question regarding standing: whether smelling odor from vehicle fumes was sufficient to confer standing to sue a particular bus company. The First Circuit said it was and so allowed the case to proceed. Read More »

Share | Email| Comments|  Topics: Air, Clean Air Act, Connecticut, Emissions, Massachusetts, Nuisance, Odors, Pollutants

In a January 17, 2025 opinion in the cases of Montana Wildlife Federation et al. v. Deb Haaland et al. and Western Watersheds Project et al. v. Deb Haaland et al., the United States Court of Appeals for the Ninth Circuit examined a number of oil and gas leases in Idaho and Montana sold during the prior Trump administration, vacating some and overturning vacatur of others. The opinion offers insight into how a court may look to analyze improper agency action in instances where significant economic expenditure has already taken place. Read More »

Share | Email| Comments|  Topics: Agency Action, Citizens Suit, Exploration, Federal Land Policy and Management Act, Leases, Mineral Rights, NEPA, Ninth Circuit, Oil and Gas, Public Lands

In a recent case from the United States District Court for the Northern District of Illinois, two plaintiffs alleged that Danone Waters of America, LLC (“Danone”) violated Illinois and California state statutes by labeling Evian spring water “natural” despite the presence of microplastics which leach from the plastic bottles into the water.  Daly v. Danone Waters of America, LLC, 2024 WL 4679086 (N.D. Ill. Nov. 5, 2024).  Read More »

Share | Email| Comments|  Topics: California, Citizens Suit, Greenwashing, Illinois, Preemption

In an opinion published on December 18, 2024, the Montana Supreme Court found that a provision in the Montana Constitution providing for the right to a “clean and healthful environment” guarantees the right to a stable climate system.  In Held v. State of Montana, 2024 MT 312 (Mont. 2024), the Montana Supreme Court affirmed a trial court decision striking down state law provisions that barred state agencies from considering greenhouse gas (“GHG”) emissions in permitting decisions, finding the law violates the environmental rights guaranteed by the Montana Constitution. Read More »

Share | Email| Comments|  Topics: Air, Citizens Suit, Clean Air Act, Climate Change, Greenhouse Gas, Montana