In a significant April 2026 decision, the U.S. Court of Appeals for the Eleventh Circuit vacated a district court injunction that had halted operation of an immigration detention facility constructed in the Florida Everglades (“the Facility”). The case, Friends of the Everglades v. Secretary of Homeland Security, No. 25-12873, turned on two threshold issues: (1) whether the plaintiffs challenged a final agency action under the Administrative Procedure Act (APA), and (2) whether the project constituted a major federal action under the National Environmental Policy Act (NEPA).  The Eleventh Circuit answered both questions in the negative, concluding that the plaintiffs were unlikely to succeed on the merits and that the preliminary injunction should not have been granted. Read More »

Share | Email| Comments|  Topics: Administrative Procedures Act, Citizen Suit, Eleventh Circuit, Florida, Informal Agency Action, NEPA

Earlier this month in Chevron USA Inc. v. Plaquemines Parish, the U.S. Supreme Court broadly interpreted the meaning of “relating to” in the federal officer removal statute.  In doing so, it vacated the judgment of the Fifth Circuit that held defendant had not sufficiently demonstrated that plaintiffs’ suit was “for or relating to” the acts it performed under the authority of a federal officer.  The Court looked to the ordinary meaning of “relating to” across various contexts and held that defendant had shown the instant lawsuit implicated acts “that are closely connected to the performance of its federal duties.” Read More »

Share | Email| Comments|  Topics: Federal Jurisdiction, Federal Procedure, Louisiana, Oil and Gas, Permits, Procedure, Removal, Subject Matter Jurisdiction, Supreme Court, United States Supreme Court

A recent decision from the United States District Court for the Middle District of Pennsylvania offers insight into cost recovery claims under both the Comprehensive Environmental Response, Compensation, and Liability Act (“CERCLA”) and Pennsylvania's Hazardous Sites Cleanup Act (“HSCA”).  On March 6, 2026, in Blettner Avenue, LLC v. Central Uniform Services, Inc., the Middle District denied Defendants Rental Uniform Services, Inc. (“Rental Uniform Services”) and Cintas Corporation (“Cintas”)’s motion for summary judgment as to Plaintiff Blettner Avenue, LLC (“Blettner”)’s HSCA claim, shedding light on HSCA’s time limitation provision and the scope of “response costs” under the statute.  On the other hand, the Court granted Defendants’ motion for summary judgment as to Blettner’s CERCLA claim, finding Blettner failed to comply with National Contingency Plan (“NCP”) requirements.  The decision provides useful insight for practitioners to consider regarding statute of limitation under HSCA, the scope of “response costs” under HSCA and CERCLA, and NCP compliance under CERCLA. Read More »

Share | Email| Comments|  Topics: CERCLA, Cleanup, Contamination, Damages, Groundwater, HSCA, National Contingency Plan, Pennsylvania, Remediation, Statute of Limitations, Third Circuit, Water

The United States District Court for the District of New Jersey dismissed a class action lawsuit against Johnson & Johnson entities and Kenvue, Inc. concerning the presence of per- or polyfluoroalkyl substances (“PFAS”) in Band-Aid products on grounds of standing. This case, Jo Aronstein, et al. v. Kenvue, Inc. et al., is one of many class action lawsuits that have been filed in recent years concerning PFAS in consumer products and offers some insight into how courts are approaching these suits in various jurisdictions. Read More »

Share | Email| Comments|  Topics: Class Actions, Contamination, Drinking Water, New Jersey, PFAS, Pollutants, Standing, Water

A federal district court in Massachusetts recently issued companion decisions addressing the “useful product defense” in the context of biosolids that contain per- and polyfluoroalkyl substances (PFAS).  In twin orders dated December 30, 2025, the court held that biosolid pellets, or “biopellets”—which are produced from treated wastewater solids and used as fertilizer—are “useful products,” providing a defense to liability under Massachusetts’s analogue to the federal Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA). Read More »

Share | Email| Comments|  Topics: CERCLA, Class Actions, Contamination, Drinking Water, Massachusetts, Negligence, Nuisance, PFAS, Pollutants, Water

Earlier this month, a federal district court in California certified a class claiming economic injury caused by alleged misrepresentations regarding pet food ingredients.  The class alleges that the pet food advertises its ingredients as healthful when in fact the products contained allegedly harmful chemicals, including PFAS. Read More »

Share | Email| Comments|  Topics: California, Causation, Class Actions, Damages, PFAS, Standing

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