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Rhode Island v. Shell Oil Products Co., L.L.C.
The First Circuit affirmed a district court order remanding to state court Rhode Island's climate change lawsuit against several oil companies. The companies argued that the suit was properly removed to federal court because the state's complaint presented a federal question. The district court foun...
Chernaik v. Brown
The Oregon Supreme Court affirmed, 6-1, an appellate court decision vacating a lower court ruling that no trial was needed in a climate change lawsuit concerning Oregon's obligations to protect natural resources under the public trust doctrine. Two young Oregonians argued the state was required to a...
Patching a Persistent Problem: PFAS and RCRA’s Citizen Suit Provision
Per- and polyfluoroalkyl substances (PFAS) are a toxic, environmentally persistent class of chemicals that have been used widely in consumer products. Despite growing evidence of adverse health effects associated with PFAS exposure, the U.S. Environmental Protection Agency has not yet promulgated a legally enforceable standard for any of the individual chemicals in the PFAS group. This has resulted in largely unrestricted disposal of PFAS waste and dispersal of these persistent chemicals throughout the environment.