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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.
North American Butterfly Ass'n v. Wolf
The D.C. Circuit affirmed in part and reversed in part a lower court's dismissal of a conservation group's suit to block the Department of Homeland Security (DHS) from constructing a border wall near the National Butterfly Center in southern Texas. The group argued that the Department's presence on ...
Bullock v. United States Bureau of Land Management
A district court held that William Perry Pendley was unlawfully serving as the acting director of BLM. The governor of Montana and the Montana Department of Natural Resources and Conservation argued that Pendley was unlawfully serving as the acting director in violation of the Appointments Clause, t...
White Plains Housing Authority v. BP Products North America Inc.
A district court held that an oil company was liable for a plume of gasoline beneath a former gasoline station that was migrating toward nearby housing units in White Plains, New York. A housing authority brought claims under RCRA, arguing its property was contaminated by discharges of gasoline and ...
Schmucker v. Johnson Controls, Inc.
A district court denied injunctive relief to residents in a lawsuit concerning soil and groundwater contamination at and adjacent to a manufacturing facility in Goshen, Indiana. Residents living adjacent to the facility brought a citizen suit under RCRA, arguing that the contamination might present ...
United States v. California
A district court denied the U.S. government summary judgment in a lawsuit concerning California's cap-and-trade agreement with Quebec. The government argued the agreement was conflict preempted by the foreign affairs doctrine because it created an obstacle to the effectuation of the Global Climate P...
National Ass'n of Wheat Growers v. Becerra
A district court permanently enjoined a California Proposition 65 warning requirement on the weedkiller glyphosate. Agribusiness groups argued the law, which requires warning labels for products containing chemicals known to California to cause cancer, as applied to glyphosate compelled speech under...
Alford v. United States
The Federal Circuit reversed a Court of Federal Claims ruling that the U.S. government was liable for flooding private properties when it raised the water level of a lake in Mississippi to prevent a nearby levee from breaching. Landowners argued that raising the water level of the lake, which subseq...