MGKF Litigation Blog https://www.mgkflitigationblog.com/ New Jersey Federal Court Dismisses PFAS Consumer Suit Against Band-Aid on Standing Grounds Wed, 04 Mar 2026 12:00:00 -0500 https://www.mgkflitigationblog.com/new-jersey-federal-court-dismisses-pfas-consumer-suit-on-standing-grounds https://www.mgkflitigationblog.com/415 Natalia P. Teekah 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 »

]]> Massachusetts Federal Court Concludes that Biopellets Containing PFAS are “Useful Products,” Providing Defense to Superfund Liability Sat, 28 Feb 2026 12:00:00 -0500 https://www.mgkflitigationblog.com/massachusetts-federal-court-concludes-biopellets-containing-pfas-useful-products-defense-superfund-liability https://www.mgkflitigationblog.com/414 Sean C. Kellem 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 »

]]> District Court Certifies 23(b)(3) Class Action Alleging Injury from Misrepresentations That Pet Food Was “Healthy” Despite Presence of PFAS Thu, 29 Jan 2026 12:00:00 -0500 https://www.mgkflitigationblog.com/Smucker-Jeruchim-Class-Action-PFAS-Pet-Food https://www.mgkflitigationblog.com/413 Wesley S. Stevenson 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 »

]]> Fifth Circuit Upholds TCEQ’s Third Construction Extension for Texas LNG Project Tue, 27 Jan 2026 12:00:00 -0500 https://www.mgkflitigationblog.com/Texas-LNG-FERC-STEJN-BACT-NAAQS https://www.mgkflitigationblog.com/412 Giselle F. Mazmanian 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 »

]]> Sixth Circuit Holds Clean Air Act Requires Compliance with RACT even where Attainment Application is Pending Sun, 21 Dec 2025 12:00:00 -0500 https://www.mgkflitigationblog.com/sixth-circuit-clean-air-act-RACT-redesignation-naaqs https://www.mgkflitigationblog.com/411 Kelly A. Hanna 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 »

]]> Ninth Circuit Modifies Approach to Mandatory Injunctive Relief in Certain Cases Under Endangered Species Act Tue, 16 Dec 2025 12:00:00 -0500 https://www.mgkflitigationblog.com/Ninth-Circuit-Lopez-Arroyo-injunctive-relief-endangered-species https://www.mgkflitigationblog.com/410 Sean C. Kellem 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 »

]]> Ninth Circuit Finds Clean Water Act Suit Seeking Only Civil Penalties Becomes Moot Once Wrongful Conduct Ceased Sun, 30 Nov 2025 12:00:00 -0500 https://www.mgkflitigationblog.com/ninth-circuit--clean-water-act-suit-civil-penalties-moot https://www.mgkflitigationblog.com/409 Sean F. Fahy The Ninth Circuit’s November 5th 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 »

]]> Environmental Groups Denied Intervention in Constitutional Challenge to New York’s Climate Law Sun, 16 Nov 2025 12:00:00 -0500 https://www.mgkflitigationblog.com/environmental-groups-denied-intervention-challenge-new-yorks-climate-law https://www.mgkflitigationblog.com/408 Giselle F. Mazmanian 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 »

]]> Second Circuit Orders Attorneys’ Fees for Removal Arguments in New York City Climate Change Case Sun, 02 Nov 2025 12:00:00 -0500 https://www.mgkflitigationblog.com/second-circuit-orders-attorneys-fees-removal-arguments-climate-change https://www.mgkflitigationblog.com/407 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 »

]]> Third Circuit Affirms Bankruptcy Jurisdiction to Interpret Confirmation Order and Denies Collateral Attack in Pending CERCLA Litigation Thu, 02 Oct 2025 12:00:00 -0400 https://www.mgkflitigationblog.com/third-circuit-bankruptcy-jurisdiction-confirmation-orders-cercla-litigation https://www.mgkflitigationblog.com/406 Wesley S. Stevenson 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 »

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