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Fifth Circuit Rules SEC Administrative Proceedings Unconstitutional

The United States Court of Appeals for the Fifth Circuit issued a ruling on May 18, 2022, vacating an administrative decision...

Plaintiffs & Pesticides: Failure to Warn Claims in Pesticide Injury Lawsuits

Of all the claims that plaintiffs typically raise in pesticide injury lawsuits, failure to warn is currently the claim that is...

DOJ Announces Three Environmental Justice Initiatives

On May 5, 2022, the Department of Justice (“DOJ”) announced that it would be taking three actions intended to “enhance the...

Plaintiffs & Pesticides: Design Defect Claims in Pesticide Injury Lawsuits

Many plaintiffs in pesticide injury lawsuits raise the state law claim of design defect. Plaintiffs typically raise design defect claims in...

Plaintiffs & Pesticides: Negligence Claims in Pesticide Injury Lawsuits

One of the claims most commonly raised in pesticide injury cases is the claim of negligence. Like the other claims discussed...

Plaintiffs & Pesticides: Intro to Pesticide Injury Litigation

Over the past few years, there has been a series of high-profile lawsuits filed against pesticide manufacturers by plaintiffs who claim...

Scope of EPA Authority Before the Supreme Court

UPDATE: On June 30, 2022, the Supreme Court issued its decision in West Virginia v. U.S. Envt’l Protection Agency finding in favor of the...

Environmental Groups Challenge EPA Over Treated Seeds

In December 2021, two environmental groups, the Center for Food Safety and Pesticide Action Network North America, filed a lawsuit against...

Resources for Underserved Communities: Highlight on Ag Worker Exposure to Pesticides & Heat

According to the United States Department of Agriculture (“USDA”) around 70% of farm workers are Black, Indigenous, People of Color (“BIPOC”)....

Farm Groups Sue EPA Over Revocation of Chlorpyrifos Tolerances

On February 9, 2022, a coalition of farm groups filed a lawsuit in the Eighth Circuit Court of Appeals challenging the...

Treading Water: WOTUS Once Again Before Supreme Court

In January 2022, the United States Supreme Court announced that it would once again hear arguments in the long-running case of...

EPA Adopts New Policy For ESA Consultations & New Pesticide Active Ingredients

On January 11, 2022, the Environmental Protection Agency (“EPA”) announced that effective immediately it had changed its policy regarding Endangered Species...

Environmental Law Topics to Watch in 2022

Environmental law issues were at the forefront in 2021, and 2022 is shaping up to be no different. With on-going lawsuits,...

WOTUS Update: EPA Releases Proposed Rule to Redefine WOTUS

On December 6, 2021, the Environmental Protection Agency (“EPA”) published in the Federal Register its highly-anticipated proposed rule to redefine the...

Resources for Underserved Communities: Highlight on Environmental Justice

Both the United States Department of Agriculture (“USDA”) and the Environmental Protection Agency (“EPA”) define environmental justice as “the fair treatment...

Court Vacates CWA Section 401 Certification Rule

In October 2021, a federal district court issued a decision vacating the 2020 Clean Water Act Section 401 Certification Rule (“2020...

EPA Releases PFAS Strategic Roadmap

In October 2021, the Environmental Protection Agency (“EPA”) released the PFAS Strategic Roadmap: EPA’s Commitments to Action 2021-2024 (“Strategic Roadmap”), which...

Procedures: Class Actions & Multi-district Litigations

Filing a lawsuit can be a complex process. There are multiple legal procedures that govern how lawsuits may be brought, litigated,...

Biden Administration Begins Review of Environmental Regulations

When the Biden Administration took office in January, 2021, President Biden issued an Executive Order requiring all federal agencies to review...

WOTUS Update: Breaking Down the Pre-2015 Regulatory Regime

In late August, a court in the District of Arizona issued a decision vacating the Navigable Waters Protection Rule (“NWPR”), the...