On January 14, 2026, the U.S. Court of Appeals for the Fifth Circuit denied a petition for review challenging the Texas Commission on Environmental Quality’s (“TCEQ”) approval of a third extension of the construction deadline for the Texas LNG Port of Brownsville liquefied natural gas (“LNG”) terminal. The Court held that although environmental justice advocates had standing to challenge the extension, TCEQ’s executive director acted within her delegated authority and the agency’s decision was supported by substantial evidence under Texas administrative law. The ruling, South Texas Environmental Justice Network v. Texas Commission on Environmental Quality et al., Case No. 24-60580, clarifies the procedural and substantive standards governing construction-deadline extensions for New Source Review (“NSR”) permits under Texas law and reinforces agency discretion when permittees satisfy the express requirements of the applicable regulation. Read More »

Share | Email| Comments|  Topics: Agency Action, Citizen Suit, Energy, Fifth Circuit, Natural Gas, Oil and Gas, Permits, Standing, Texas

In a recent decision by the United States Court of Appeals for the Sixth Circuit, Sierra Club v. EPA, Nos. 23-3581/3583 (6th Cir. Dec. 5, 2025), the Court invoked its statutory interpretation authority to hold that EPA contravened the plain language of the Clean Air Act (“CAA”) by redesignating the Detroit area as in attainment with the 2015 ozone National Ambient Air Quality Standards (“NAAQS”). Conversely, the Court deferred to EPA’s technical expertise in determining that certain air emissions should be excluded from consideration of the Detroit area’s compliance with the ozone NAAQS because of their qualification as “exceptional events” under the CAA, demonstrating that Courts will continue to defer to agencies’ expertise, but will not defer to agency interpretations of their enabling statutes. Read More »

Share | Email| Comments|  Topics: Agency Action, Air, Chevron Deference, Clean Air Act, Emissions, EPA, Hazardous Air Pollutants, Loper Bright, Michigan, Sixth Circuit

In a precedential decision, the Ninth Circuit recently modified its approach to mandatory injunctive relief in Endangered Species Act (ESA) cases involving multiple species.  The court, in San Luis Obispo Coastkeeper et al. v. County of San Luis Obispo, No. 24-7807 (9th Cir. Dec. 3, 2025), held that “when mandatory injunctive relief under the ESA may benefit one protected species at the expense of other protected species, a court must consider competing equities and the public interest as to those other species.” Read More »

Share | Email| Comments|  Topics: California, Endangered Species Act, Ninth Circuit, Public Lands, Water, Water Use

The Ninth Circuit’s November 5^th decision in Coastal Environmental Rights Foundation, v. Naples Restaurant Group, LLC exploded onto the scene -- deepening an existing circuit split on whether a Clean Water Act citizen suit stays alive based solely only civil penalties once the alleged wrongful conduct ceases.  Consistent with the Eighth Circuit, the Ninth Circuit answered this question in the negative in Naples Restaurant.  The Second, Third, Fourth, Seventh and Eleventh Circuits have previously answered the question in the affirmative.  Overall, the key takeaway is for parties to make sure they are cognizant of the prevailing rule in their Circuit, and to be prepared to raise or respond to the arguments implicated by the Naples Restaurant opinion. Read More »

Share | Email| Comments|  Topics: Citizen Suit, Citizens Suit, Civil Penalties, Clean Water Act, Enforcement, Ninth Circuit, NPDES, Permits, Pollutants, Water

Earlier this month, the U.S. District Court for the Northern District of New York denied a motion by several environmental organizations seeking to intervene in a multistate constitutional challenge to New York’s Climate Change Superfund Act (“CCSA” or the “Act”) – a landmark 2024 statute designed to recover climate adaptation costs from major fossil fuel producers. The statute (N.Y. Env’t Conservation Law §§ 76-0101, et seq.) has drawn national attention as one of the more aggressive state-level attempts to assign financial responsibility for climate impacts.  For background on the CCSA, see my special alert post. Read More »

Share | Email| Comments|  Topics: Air, Climate Change, Greenhouse Gas, Intervention, Legislation, New York, Oil and Gas, Second Circuit, Standing

On October 3, 2025 a three judge panel for the Second Circuit ruled that Exxon Mobil Corporation, BP P.L.C., Shell Oil Company, and the American Petroleum Institute (“API”) must pay New York City (“the City”)’s attorneys’ fees and costs for advancing “absurd” arguments in opposing the City’s motion to remand to state court its suit for deceptive practices connected to climate change. City of New York v. Exxon Mobil Corp., No. 24-1568-CV (2d Cir. Oct. 3, 2025). This decision demonstrates that while parties may, at times, find success in advancing arguments that have been rejected by other courts, there are risks to advancing such arguments, including the risk of sanctions. Read More »

Share | Email| Comments|  Topics: Air, Climate Change, Greenhouse Gas, New York, Oil and Gas, Removal, Second Circuit

In a reversal of a decision by the New Jersey District Court, the Court of Appeals for the Third Circuit in In re Congoleum Corporation held 2-1 that the bankruptcy court did not have jurisdiction to reopen an earlier proceeding to interpret findings within a confirmation order, holding interpretation of such orders constitutes a bankruptcy core proceeding.  Chief Judge Chagares also reversed the district court as to the effect of that confirmation order in CERCLA proceedings currently pending before the district court. Read More »

Share | Email| Comments|  Topics: Bankruptcy, CERCLA, Cleanup, Contamination, Contribution, Cost Recovery, New Jersey, Potentially Responsible Parties, Superfund, Third Circuit

This month, the United States Court of Appeals for the Ninth Circuit held in Confederated Tribes of the Colville Rsrv. v. Teck Cominco Metals Ltd, No. 24-5565, 2025 WL 2525853 (9th Cir. Sept. 3, 2025) that CERCLA permits recovery of natural resource damages with a cultural use component, effectively reversing the district court’s holding that cultural resource damages are not authorized under CERCLA. Read More »

Share | Email| Comments|  Topics: CERCLA, Citizen Suit, Citizens Suit, Contamination, Natural Resource Damages, Ninth Circuit, Pollutants, Tribal Lands, Water, Water Use

On June 30, 2025, the Supreme Court denied the Port of Tacoma (the “Port”) and SSA Terminals LLC's (“SSA”) petition for writ of certiorari to review the 9^th Circuit’s decision in Port of Tacoma v. Puget Soundkeeper Alliance addressing whether the Clean Water Act (“CWA”) authorizes citizens to enforce conditions of state-issued pollutant discharge permits adopted under state law that impose a greater scope of coverage than required by the CWA.  The 9th Circuit answered this question in the affirmative, holding that Washington's Industrial Stormwater General Permits (“ISGP”), a CWA National Pollutant Discharge Elimination System (“NPDES”) permit, required the Port and SSA to have the necessary stormwater controls across the entire West Sitcum Terminal (the “Terminal”).  The Supreme Court's recent decision to deny certiorari leaves litigants open to a patchwork of Circuit determinations on the scope of the CWA’s citizen suit provision.  Read More »

Share | Email| Comments|  Topics: Citizen Suit, Citizens Suit, Clean Water Act, Ninth Circuit, NPDES, Permits, Private Right of Action, Stormwater, Supreme Court, United States Supreme Court, Water

A recent decision sheds light on the U.S. government’s cleanup obligations in land sales involving former military sites.  In Hamilton Square, LLC v. United States, No. 20-1285 (Fed. Cl. July 15, 2025), the U.S. Court of Federal Claims allowed a key environmental remediation claim to proceed while dismissing others in a suit alleging the Navy breached its obligation to remediate newly discovered petroleum and chloroform contamination at a property in Novato, California. Read More »

Share | Email| Comments|  Topics: Breach of Contract, CERCLA, Cleanup, Contamination, Court of Federal Claims, Oil and Gas, Pollutants, Remediation, Vapor Intrusion