MGKF Litigation Blog https://www.mgkflitigationblog.com/ Fourth Circuit Clarifies Irreparable Harm Showing Required to Obtain Preliminary Injunction to Prevent PFAS Discharges in Excess of Permit Limits Mon, 15 Jun 2026 12:00:00 -0400 https://www.mgkflitigationblog.com/Chemours-PFOA-HFPO-DA-West-Virginia-CAA https://www.mgkflitigationblog.com/420 Wesley S. Stevenson In West Virginia Rivers Coalition, Inc., et al. v. The Chemours Company FC, LLC, the Court of Appeals for the Fourth Circuit vacated a district court decision to preliminarily enjoin The Chemours Company (“Chemours”) from discharging hexafluoropropylene oxide dimer acid (“HFPO-DA”)—a Chemours-created PFAS chemical— from its Washington Works facility in excess of its permitted limit.  In doing so, the Fourth Circuit took no issue with the district court’s standing analysis, but determined the district court made legal and factual errors in its irreparable harm determination. Read More »

]]> Fourth Circuit “Decline[s] to Hit Pause” on Pipeline Project Involving Trenching Through Streams and Wetlands Thu, 28 May 2026 12:00:00 -0400 https://www.mgkflitigationblog.com/Haw-River-USACE-Transco-CWA-LEDPA https://www.mgkflitigationblog.com/419 Sean C. Kellem In an Order issued on May 18, 2026, the United States Court of Appeals for the Fourth Circuit denied a motion for a stay pending appeal filed by a coalition of environmental groups, who sought to halt the construction of a pipeline project in Virginia and North Carolina. Read More »

]]> When Does NEPA Apply? The Eleventh Circuit Draws a Hard Line in Friends of the Everglades v. DHS Sun, 03 May 2026 12:00:00 -0400 https://www.mgkflitigationblog.com/NEPA-Everglades-Homeland-Security-EIS-APA https://www.mgkflitigationblog.com/418 Kelly A. Hanna 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 »

]]> Supreme Court Broadly Interprets “relating to” in Federal Officer Removal Statute Tue, 21 Apr 2026 12:00:00 -0400 https://www.mgkflitigationblog.com/supreme-court-broadly-interprets-relating-to-federal-officer-removal-statute https://www.mgkflitigationblog.com/417 Wesley S. Stevenson 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 »

]]> Pennsylvania Federal Court Clarifies HSCA Statute of Limitations and “Response Costs” Under HSCA and CERCLA Tue, 31 Mar 2026 12:00:00 -0400 https://www.mgkflitigationblog.com/pennsylvania-federal-court-hsca-statute-of-limitations-response-costs-cercla https://www.mgkflitigationblog.com/416 Sean F. Fahy 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 »

]]> 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 »

]]>