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Mealey's Pollution Liability

  • August 14, 2025

    States Can Intervene, Keep Immunity In Youths’ Fossil Fuel Executive Orders Suit

    BUTTE, Mont. — A Montana federal judge ruled Aug. 13 that a group of 19 states and one territory can intervene as defendants and keep their sovereign immunity in a lawsuit filed by 22 minors and young adults against President Donald J. Trump and a litany of government agencies seeking to rescind and declare unconstitutional a series of executive orders that include directives to increase fossil fuel production.

  • August 13, 2025

    UPS To Pay $1.7M, Enact Compliance Programs In Calif. Hazardous Waste Settlement

    STOCKTON, Calif. —  United Parcel Service Inc. and a group of its subsidiaries agreed to pay more than $1.7 million in civil penalties and other costs and implement a series of programs to settle state code violations alleged by the people of California for improper disposal, hauling and reporting of hazardous waste materials during routine operations.

  • August 08, 2025

    Chemours Appeals Injunction Against It Related To PFAS Discharges Into Ohio River

    CHARLESTON, W.Va. — The Chemours Co. FC LLC on Aug. 7 filed a notice in West Virginia federal court indicating that it is appealing to the Fourth Circuit U.S. Court of Appeals a judge’s ruling that granted an environmental advocacy group a preliminary injunction in a per- and polyfluoroalkyl substances (PFAS) contamination case.  Chemours’s notice, which did not provide any reasons for the appeal, was filed the same day the judge granted the preliminary injunction.

  • August 08, 2025

    Environmental Groups Challenge EPA’s Move To Delay Implementing Methane Standards

    WASHINGTON, D.C. — Environmental advocacy groups have sued U.S. Environmental Protection Agency Administrator Lee Zeldin and the EPA in the District of Columbia Circuit U.S. Court of Appeals, challenging the EPA’s final action that extended deadlines for performance standards regarding methane that is produced during hydraulic fracturing operations.

  • August 08, 2025

    Calif. Judge Sanctions City Plaintiffs In Modesto Dry-Cleaning Pollution Dispute

    SAN FRANCISCO — Finding that “egregious discovery violations” were committed, a California judge imposed issue, evidence and monetary sanctions on the city of Modesto regarding the concealing and destroying of records that show the known existence of perchloroethylene (PCE) contamination in sewers at several former dry-cleaning sites around the city three years before it filed a lawsuit against two chemical companies.

  • August 07, 2025

    Lawsuit Challenging N.Y. Climate Change Act Denied Transfer To Northern District

    NEW YORK — A lawsuit challenging New York’s recently approved climate change act as part of the federal government’s efforts to address an alleged “energy crisis” plaguing the country will remain in the U.S. District Court for the Southern District of New York after a federal judge denied a motion to move it north, finding that the United States’ original district choice was “entitled to great deference.”

  • August 07, 2025

    Consultation Claim Dismissed Against Army Corps Over Alaska Gold Mine CWA Permit

    ANCHORAGE, Alaska — An Alaskan tribe can pursue only one claim for relief pursuant to the National Environmental Policy Act (NEPA) against the U.S. Army Corps of Engineers over allegations that the Corps failed to properly consult with it on the potential impact on resources, lands and assets when issuing a Clean Water Act (CWA) permit for an open pit gold mine after a federal judge granted a motion to dismiss a failure-to-consult claim filed by the mining company that intervened as a defendant in the case.

  • August 04, 2025

    Hawaii Federal Judge: 4 Individuals, Group Can Bring CWA Fuel Release Claims

    HONOLULU — Four out of 10 individuals and the environmental group they belong to have standing to bring claims against the U.S. Navy under the Clean Water Act (CWA) for releases from an underground fuel storage facility in Honolulu that allegedly contaminated surrounding waters, a federal judge in Hawaii ruled in partly granting the plaintiffs’ partial motion for summary judgment.

  • August 04, 2025

    DuPont To Pay $875M To End New Jersey PFAS Litigation Tied To Chambers Works Site

    TRENTON, N.J. — New Jersey Attorney General Matthew J. Platkin announced Aug. 4 that the state has reached an agreement under which the Chemours Co., DuPont de Nemours Inc. and Corteva Inc. will pay $875 million to resolve all claims brought against 3M Co., EIDP Inc., formerly E.I. du Pont de Nemours & Co., and its affiliates related to contamination from per- and polyfluoroalkyl substances (PFAS) stemming from activity at DuPont’s Chambers Works plant.

  • August 01, 2025

    Plaintiffs’ RCRA Lawsuit Alleges Perdue Farms Tainted Groundwater With PFAS

    BALTIMORE — Two Maryland residents have filed a citizen suit under the Resource Conservation and Recovery Act (RCRA) against Perdue Farms Inc. and its affiliates in Maryland federal court, seeking seek declaratory and injunctive relief to remedy Perdue’s alleged violations of law, which the plaintiffs say have resulted in per- and polyfluorinated alkyl substances (PFAS) contamination of local groundwater supplies.

  • July 31, 2025

    Alabama Utility Sued Over Capping Of Steam Plant Coal Ash Impoundment

    ANNISTON, Ala. —  A nonprofit public interest organization is suing Alabama Power in federal court over the “unlawful and defective capping” of a coal ash impoundment at its Gadsden Steam Plant near the Coosa River, alleging violations of the Resource Conservation and Recovery Act (RCRA) and the U.S. Environmental Protection Agency’s Coal Combustion Residuals (CCR) rule.

  • July 31, 2025

    8th Circuit Panel Grants Motions To Vacate Appeal In NEPA Final Rule Dispute

    ST. LOUIS — A panel of the Eighth Circuit U.S. Court of Appeals dismissed an appeal as moot and vacated a lower court’s ruling that granted summary judgment to states that had challenged the Council on Environmental Quality’s (CEQ) implementing regulations for the National Environmental Policy Act (NEPA) on grounds that the regulations, known as the final rule, illegally sought to transform NEPA’s “carefully delineated procedures for environmental reviews” into “requirements to achieve broad and vague policy goals.”

  • July 31, 2025

    6th Circuit Affirms Settlement Provisions Not Invalid In Superfund Cleanup Dispute

    CINCINNATI — Citing different grounds, a Sixth Circuit U.S. Court of Appeals panel ruled that a federal judge in Kentucky was correct when she affirmed summary judgment to Westlake Vinyls Inc. and denied summary judgment to global material solutions company Avient Corp. in the latter company’s second lawsuit challenging the terms of a settlement agreement for allocation of cleanup costs at a Superfund site.

  • July 28, 2025

    2nd Circuit Denies Rehearing, Injunction In Conn. Landowner’s Wetlands CWA Case

    NEW YORK — A Second Circuit U.S. Court of Appeals panel denied a petition for rehearing and a request for an injunction filed by a Connecticut landowner who was found to be liable for the remediation of his property for violating the Clean Water Act (CWA) by filling in protected wetlands without a permit and failing to adhere to warnings and notices from various federal agencies.

  • July 28, 2025

    Posts Must Be Deleted, Injunction Denied Again In Golf Course Discharge Dispute

    BUTTE, Mont. — A Montana federal judge ruled that an environmental group must delete several social media posts and captions relating to expert reports, is still not entitled to a preliminary injunction that would prevent a resort from filling water hazards on its golf course and cannot file an amended complaint regarding claims that the water hazards are contaminating a river in violation of the Clean Water Act (CWA).

  • July 28, 2025

    Duty To Indemnify Owed For Settlement, Insured Says In Newly Filed Complaint

    DALLAS — An insurer owes a duty to indemnify an insured for the settlement of an underlying suit filed against the insured because there is no evidence that the damages in the underlying suit were caused by pollutants, the insured contends in a July 25 complaint filed in Texas federal court.

  • July 24, 2025

    9th Circuit Denies Rehearing, Nixing Dismissal Of NEPA, RCRA Case Against Air Force

    SAN FRANCISCO —  Despite the original dissenting judge voting to take up the case, the Ninth Circuit U.S. Court of Appeals denied a petition filed by the U.S. Air Force for rehearing or rehearing en banc of a majority’s decision to reverse and remand a trial court’s dismissal of a lawsuit filed by a Guam-based nonprofit corporation challenging the agency’s decision to engage in hazardous waste disposal at Tarague Beach.

  • July 21, 2025

    Panel Tosses CERCLA, State Claims, Says Sanctions Valid In N.Y. Site Cleanup Case

    NEW YORK — A Second Circuit U.S. Court of Appeals panel ruled that a six-year statute of limitations pursuant to the Comprehensive Environmental Response, Compensation, and Liability Act commenced on an alloy and metal processing company’s claims for reimbursement of millions of dollars for response costs and damages associated with the release of hazardous substances at the site of a New York metal recycling operation and that spoliation sanctions for the company’s destruction of more than 23,000 pounds of documents was, in fact, warranted.

  • July 17, 2025

    EPA Appeals Ruling That Halted Termination Of Environmental Grant Awards

    BALTIMORE — The U.S. Environmental Protection Agency appealed to the Fourth Circuit U.S. Court of Appeals a federal judge in Maryland’s order halting the federal agency’s termination of grants awarded to three nonprofit financial institutions for environmental projects and initiatives “in disadvantaged communities.”

  • July 17, 2025

    Judge Says Federal Agencies Do Not Have To Restore Shuttered Environmental Sites

    WASHINGTON, D.C. — A federal judge in the District of Columbia ruled that several agencies that were sued by a group of nonprofits for removing webpages that provided information about environmental justice and climate change do not have to put the sites back up right now in denying the groups’ motion for a preliminary injunction because they showed only economic harm and waited too long to seek relief.

  • July 16, 2025

    5th Circuit: Causation Experts In Deepwater Horizon Case Properly Excluded

    NEW ORLEANS — A Mississippi federal court did not err in awarding summary judgment to BP Exploration & Production and its affiliate after finding that a man’s experts retained to opine on how his injuries were connected to exposure to chemicals during remediation activities following the Deepwater Horizon Oil Spill were inadmissible, the Fifth Circuit U.S. Court of Appeals held.

  • July 16, 2025

    Groups Sue EPA Over Water Contamination From CERCLA Cleanup At Tenn. Facility

    WASHINGTON, D.C. — Several environmental nonprofit organizations representing recreational users of bodies of water in the area of a former U.S. Department of Energy (DOE) nuclear weapons facility in east Tennessee are suing the U.S. Environmental Protection Agency in the U.S. District Court for the District of Columbia for implementing cleanup activities that allegedly violate requirements of the Comprehensive Environmental Response, Compensation and Liability Act of 1980 and other federal directives.

  • July 10, 2025

    States Want To Intervene In Youths’ Suit Over Fossil Fuel Executive Orders

    BUTTE, Mont. — A group of 19 sovereign states and one territory led by Montana want in on a federal lawsuit filed by 22 minors and young adults against President Donald J. Trump and several government agencies seeking to rescind and declare unconstitutional a series of executive orders that include directives to increase fossil fuel production, alleging “unique interests” in the case due to threats to their economies, use of land and budgets if the orders are eliminated.

  • July 10, 2025

    Motion Denied, But Company To Fund Contaminated Cows’ Care In Pipeline Leak Dispute

    POCATELLO, Idaho — A federal judge in Idaho ruled that a Caribou Mountain Range cattle-farming couple must continue caring for nearly 750 unsellable cows and calves that were likely exposed to toxic materials from a 2023 pipeline leak but that the company that operates the line must bear the cost of preserving the animals during discovery proceedings of a lawsuit the couple filed over environmental contamination of their ranch.

  • July 02, 2025

    Exxon’s Petition For Review Of $14.25M CAA Penalty Denied By High Court

    WASHINGTON, D.C. — The U.S. Supreme Court denied a petition filed by ExxonMobil asking for review of an order issued by a “fractured” en banc Fifth Circuit U.S. Court of Appeals that requires the company to pay a $14.25 million penalty for air pollution incidents at a Texas facility.