Inhance Technologies, L.L.C. v. United States Environmental Protection Agency
The Fifth Circuit vacated two orders EPA issued under TSCA that prohibited a plastics company from manufacturing or processing long-chain perfluoroalkyls (PFAS) during its fluorination process. In March 2022, EPA charged that the company's fluorination process was subject to a recently promulgated s...
Pakootas v. Teck Cominco Metals, Ltd.
A district court denied a mining company's motion for partial summary judgment in a lawsuit concerning pollution from the company's British Columbia smelter along the Upper Columbia River. Tribal members sought natural resource damages for contamination of the river. The company argued the members' ...
Center for Biological Diversity v. United States Environmental Protection Agency
A district court vacated three pesticide registrations issued by EPA in 2020 for "over-the-top" application of dicamba products manufactured by agrochemical companies. Environmental groups argued EPA violated FIFRA by unconditionally issuing "new use" registrations for over-the-top use of dicamba on...
Carson v. Monsanto
The Eleventh Circuit vacated a district court's conclusion that FIFRA expressly preempted a state failure-to-warn claim brought by a Georgia landowner against the manufacturer of the weedkiller Roundup. The landowner argued the weedkiller caused his cancer and sued the manufacturer for failing to wa...