The Ninth Circuit remanded, 2-1, a rule EPA promulgated in 2019 in response to the court's 2017 writ of mandamus directing the Agency to respond to the need for updated lead-based paint hazard standards. Nonprofit groups argued the rule violated provisions of the the Residential Lead-Based Paint Haz...
The Ninth Circuit granted, 2-1, environmental groups' petitions to review EPA's 2017 decision denying their 2007 petition seeking to revoke all tolerances and registrations for the insecticide chlorpyrifos and its 2019 decision denying all objections to the 2017 decision. In their 2007 petition, the...
A district court granted nonprofit groups' motion for summary judgment in a challenge to EPA's denial of their petitions to initiate TSCA rulemaking to expand its information-gathering process regarding asbestos-related health risks. The groups argued that EPA's denial of their petitions was arbitra...
A California appellate court upheld the state Office of Environmental Health Hazard Assessment's (OEHHA's) decision to list bisphenol A (BPA) as a chemical known to cause reproductive toxicity under the state Safe Drinking Water and Toxic Enforcement Act. An industry group sought to enjoin the listi...
A district court dismissed for lack of standing a challenge to a 2018 FWS memorandum that withdrew a 2014 memorandum stating the Service's intent to phase out most uses of neonicotinoid pesticides and genetically modified crops (GMCs) within the National Wildlife Refuge System. Environmental groups ...
The Second Circuit vacated and remanded a lower court ruling in a lawsuit concerning the discharge of thousands of gallons of oil from a submarine cable into Long Island Sound. A state public power utility company sought to recover costs for containing and remediating the discharge pursuant to the O...
The Ninth Circuit granted in part one petition to review and denied another petition to review EPA's 2014, 2015, and 2017 decisions to register a pesticide that combines two chemicals—2,4-dichlorophenoxyacetic acid (2,4-D) choline salt and glyphosate—to kill weeds on corn, soybean, and cotton fi...
The Second Circuit granted in part and denied in part a challenge to provisions of EPA's Mercury Reporting Rule that exempted certain manufacturers of mercury or mercury-added products from reporting requirements. An environmental group and the state of Vermont argued that three provisions of the ru...
The Ninth Circuit vacated EPA's 2018 decision to conditionally register three dicamba-based herbicides designed to be sprayed on genetically engineered soybeans and cotton. Nonprofit groups argued the decision violated the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA). The court found ...
A district court dismissed with leave to amend a class-action challenge to a medical device company for selling talcum products in California. Plaintiffs argued the company violated California consumer protection laws by failing to warn them of carcinogenic ingredients in their products and engaging...