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EPA Removes Obstacles to “Sue and Settle”

In a memo to agency leadership sent earlier this month, EPA Administrator Michael Regan rescinded practices that were instituted by one of his Trump-era predecessors, Scott Pruitt, to eliminate what has been referred to by...more

Who Will Climate Change Advocates Begin Suing Next?

As most people are aware, various public and private entities have filed lawsuits against fossil fuel producers alleging a variety of claims that seek to enjoin behavior and obtain damages as a result of the defendants’...more

Disposal of Contamination = Disposal of Evidence. Be Careful What You Throw Away!

In a recent unpublished case, the Superior Court of New Jersey held that the Plaintiff in a CERCLA case had committed spoliation when, during the course of the remedial activity, it disposed of various contaminated materials....more

Amended Federal Rules on Discovery to Impact Environmental Litigation

The Federal Rules of Civil Procedure were recently amended. Amongst the changes, perhaps the most significant are the changes to discovery under Rule 26. Previously, parties were entitled to conduct discovery regarding...more

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