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

On July 9^th, 2025, the Eastern District of New York ruled on a series of motions in Suffolk County Water Authority v. Dow Chemical Company, a case brought by the Suffolk County Water Authority (“Suffolk”) against chemical manufacturers for the alleged contamination of Suffolk’s groundwater supply with 1,4-dioxane (“dioxane”), a chemical classified by the EPA as a “probable human carcinogen.”  Judge Gershon issued an opinion allowing most of the plaintiff’s common law tort claims to proceed to trial while clarifying the standard for expert admissibility under recently amended Federal Rule of Evidence 702. Read More »

Share | Email| Comments|  Topics: Causation, Contamination, Drinking Water, Evidence, Expert Witness, Groundwater, Negligence, New York, Nuisance, Pollutants, Strict Liability, Trespass, Water

This post was written by MGKF summer associate Kennedy Reardon

On July 17, 2025, the Second Circuit issued an opinion in ELG Utica Alloys, Inc. v. Niagara Mohawk Power Corp. affirming an order granting summary judgment against ELG Utica Alloys, Inc.’s (“ELG”) in its CERCLA cost recovery suit, on the grounds that the applicable six-year statute of limitations had expired.  The decision is significant because it establishes a rule in the Second Circuit that, for a multi-phase remediation involving a single source of contamination at a single “facility,” the statute of limitations begins to run at the initiation of the first phase of cleanup. Read More »

Share | Email| Comments|  Topics: CERCLA, Contamination, Cost Recovery, New York, Remediation, Second Circuit, Superfund

Recently, there has been an explosion of litigation involving per- and polyfluoroalkyl substances (“PFAS”) contamination.  In SUEZ Water New York Inc. v. E.I. du Pont de Nemours and Company, et al., No. 20-CV-10731 (LJL), 2022 WL 36489, at *1 (S.D.N.Y. Jan. 4, 2022), a federal district court dismissed PFAS related contamination claims against four Delaware corporate defendants:  E.I. du Pont de Nemours and Company, Inc. (“Old DuPont”), The Chemours Company (“Chemours”), DuPont de Nemours, Inc (“New DuPont”), and Corteva, Inc. (“Corteva”) (collectively “Defendants”).  The court dismissed the Complaint against New DuPont and Corteva due to lack of personal jurisdiction over each defendant.  Although the court found that personal jurisdiction existed over Old DuPont and Chemours, it ultimately still dismissed the Complaint against these defendants due to Plaintiff’s failure to state a claim against each of them. Read More »

Share | Email| Comments|  Topics: Causation, Drinking Water, Negligence, New York, Nuisance, Personal Jurisdiction, PFAS, Strict Liability, Successor Liability, Trespass

When a homeowner misses trash day for months, piling up stinking bags of trash in the backyard, neighboring homeowners could presumably bring a private nuisance claim against that homeowner to abate the nuisance.  But what if that neighbor was a landfill and its noxious odors spread for miles: who in the surrounding neighborhood would have standing to abate that apparent nuisance?  The answer depends on the jurisdiction.  In the recent decision Davies v. S.A. Dunn & Co., Nos. 530994/531613 (3d Dep’t Oct. 21, 2021), a split panel in the Appellate Division for the Third Judicial Department in New York dismissed public nuisance and negligence claims brought by neighboring residents against a landfill for failing to control its odor emissions because the plaintiffs failed to allege that they had suffered a “special injury” that was distinct from other residents in the area. Assuming it withstands any appeal, the decision is a significant check on public nuisance claims in New York.   Read More »

Share | Email| Comments|  Topics: Air, Damages, Landfill, Negligence, New York, Nuisance, Odors, Property Value, Residential, Waste

On Wednesday, August 18, 2021, the U.S. Court of Appeals for the Second Circuit vacated a district court order dismissing claims for violations of the Comprehensive Environmental Response, Compensation, and Liability Act ("CERCLA"), 42 U.S.C. § 9601 et seq. See Revitalizing Auto Cmtys. Envtl. Response Tr. v. Nat'l Grid USA, No. 20-1931-cv (2d Cir. Aug. 18, 2021). The Court held that the claims, which were brought under sections 107 and 113 of CERCLA, were prudentially ripe because they were based on costs plaintiffs had already incurred for which they might not receive repayment through EPA investigation. Id. Read More »

Share | Email| Comments|  Topics: CERCLA, Cleanup, Contamination, Contribution, Cost Recovery, New York, Ripeness, Second Circuit, Statute of Limitations, Superfund

Earlier this month, the Second Circuit affirmed the District Court for the Southern District of New York’s ruling that state common law claims against oil companies for costs resulting from climate change were either preempted by the Clean Air Act, or, in the case of foreign emissions, represented a non-justiciable political question. See City of New York v. Chevron Corp., 993 F.3d 81, 2021 WL 1216541 (2d Cir. 2021). The decision represents the first time an appellate court has had the opportunity to rule on the merits of the federal preemption defense raised by defendants. Although there are active lawsuits in other jurisdictions where plaintiffs have made substantially similar claims, decisions in the other active climate change suits thus far have been restricted to the issue of whether climate change suits brought in state court were properly removed to federal court. The decisions in those cases, therefore, have not addressed the merits of the federal preemption defense. (The Supreme Court is predicted to issue a ruling on the removal issue by the end of its term in June. See Mayor & City Council of Baltimore v. BP p.l.c., et al., 388 F. Supp. 3d 538, 548 (D. Md.), as amended (June 20, 2019), aff’d, 952 F.3d 452 (4th Cir.), cert. granted, 141 S. Ct. 222 (2020)). Read More »

Share | Email| Comments|  Topics: Air, Clean Air Act, Climate Change, New York, Preemption, Second Circuit

Content for this post was provided by Isabel Teuton, a MGKF summer associate.

In National Fuel Gas Supply Corp. v. Schueckler, 2020 WL 3453939 (N.Y. June 25, 2020),the State of New York Court of Appeals held that the issuance of a certificate of convenience and necessity by the Federal Energy Regulatory Commission (FERC) under the Natural Gas Act (NGA) exempted the holder of the certificate from complying with the public notice and hearing requirements of New York’s Eminent Domain Procedure Law (EDPL) even where the certificate holder had not yet met other conditions attached to the certificate. The Court reasoned that since FERC placed no condition on the vested eminent domain power granted with the certificate and had completed its mandated analysis of the pipeline’s effect on the public interest, there was a valid exemption from further review under EDPL 206(A), thus permitting the condemnation to move forward. Read More »

Share | Email| Comments|  Topics: Clean Water Act, Condemnation, Eminent Domain, Natural Gas Act, New York, Oil and Gas, Pipelines

The adage “you can’t put the toothpaste back in the tube” has manifested itself in two recent federal court decisions. Under separate theories, both the Second Circuit and the District Court of the District of Columbia have issued decisions that highlight the difficulty environmental groups faced in challenging energy infrastructure projects that have been completed during the course of litigation. Read More »

Share | Email| Comments|  Topics: Administrative Appeals, Administrative Procedures Act, Army Corps, Citizen Suit, D.C. Circuit, Energy, Marcellus Shale, NEPA, New York, NPDES, Oil and Gas, Pipelines, Second Circuit