Polsinelli Podcasts - FDA Denies Amgen Citizen Petition in Biosimilar Dispute
The California legislature continues to advance Senate Bill 601 (SB 601), the “Right to Clean Water Act,” which aims to safeguard protections for California’s streams and wetlands that lost federal protection under the Clean...more
Mr. David A. Ludder Transmitted a February 7th document to the United States Environmental Protection Agency (“EPA”) styled: Notice of Intent to Sue Administrator under Clean Water Act §505(a)2,33U.S.C. §1365 (a)2....more
This post summarizes some of the significant developments from the Texas District Courts for the month of February 2025....more
Two environmental organizations sent a May 17th document to the United States Environmental Protection Agency (“EPA”) styled: Notice of Intent to File Suit to Compel Performance of a Non-Discretionary Duty Under Section...more
A United States District Court (D. Massachusetts) (“Court”) addressed in a February 25th Memorandum and Order (“Memorandum”) an issue arising pursuant to a Clean Water Act citizen-suit action. See Blackstone Headwaters...more
President Donald Trump’s second term has already proven to be an extension of his first-term deregulatory agenda at the U.S. Environmental Protection Agency (EPA). Given historical trends, such deregulation will likely prompt...more
The Conservation Law Foundation, Inc. filed a citizen suit Complaint in the United States District Court of Massachusetts on November 12th alleging violations by the following: Besides the Conservation Law Foundation, the...more
In the environmental space, 2024 has been a memorable year with regulatory efforts and court decisions touching on every aspect of environmental and energy regulation, capped out by a closely divided election....more
Proponents of more comprehensive climate regulations who are frustrated by the federal government have increasingly turned their attention to state litigation....more
One week before Christmas, the Montana Supreme Court delivered a landmark gift to sixteen youth plaintiffs in Head, et al., v. State of Montana, et al., 2024 MT 300 (Mont. 2024), holding that the State of Montana violated...more
On December 18, 2024, the Montana Supreme Court issued a ruling upholding a lower state court's decision that, under Montana's constitution, there is a “fundamental constitutional right to a clean and healthful environment...more
Earlier this week, the Montana Supreme Court affirmed a lower court ruling in favor of plaintiffs in a climate case based on certain provisions of the Montana constitution. Specifically, the court ruled that: - The...more
In a 6-1 ruling yesterday, Montana’s Supreme Court upheld a landmark decision finding that a 2011 state law making it illegal to consider environmental impacts (including greenhouse gas emissions) when issuing permits for...more
On December 11, 2024, the United States Court of Appeals for the Fifth Circuit issued an en banc opinion in Env’t Tex. Citizen Lobby, Inc. v. ExxonMobil Corp., No. 17-20545. The petition for rehearing requested en banc review...more
Earlier this week, in what almost certainly has to be the most fractured appellate decision in the history of the United States courts, the 5th Circuit Court of Appeals, sitting en banc, affirmed via per curiam decision the...more
Los Angeles Waterkeeper (“Waterkeeper”) filed a November 18th Complaint for Declaratory and Injunctive Relief and Civil Penalties (“Compliant”) against Union Pacific Railroad Company (“Union Pacific”) in the United States...more
Earlier this week, the Court of Appeals for the District of Columbia ruled that the National Environmental Policy Act does not authorize the Council on Environmental Quality to issue binding regulations governing how federal...more
The United States District Court for the District of New Jersey (“Court”) addressed in a June 25th Opinion an issue arising out of a Resource Conservation and Recovery Act (“RCRA”) citizen suit action. See Raritan Baykeeper,...more
The Arkansas and 24 other State Attorney Generals (collectively, “Amici Curiae”) filed on October 28th an Amicus Brief supporting a Petition for a Writ of Certiorari to the United States Supreme Court to address a Clean Water...more
The Environmental Integrity Project (“EIP”) has sent three separate Notices of Intent to Sue (“NOIs”) to three Louisiana Petcoke processing plants alleging violations of the Clean Water Act...more
Sometimes, a blog just has to be written. For those of us of a certain age, Sterling Hayden's speech as Jack D. Ripper in Dr. Strangelove concerning the Communist plot to fluoridate our water is iconic. Well, it turns out...more
Back in the 1970s, US Congress passed laws that allow private parties to bring citizen suits to enforce federal environmental laws. While those statutes have not significantly been amended, changes in both administrative law...more
The Public Employees for Environmental Responsibility (“PEER”) filed in June a Judicial Action in the United States District Court for the District of Columbia (“Court”) arguing that the United States Environmental Protection...more
Late last month, I noted that the overturning of Chevron did not mean the end of judicial deference to agency expertise. Earlier this week, a decision by the D.C. Circuit Court of Appeals provided some confirmation that...more
The Coosa River Basin Initiative (“Initiative”) and City of Calhoun, Georgia (“Calhoun”) entered into a Consent Decree (“CD”) addressing alleged violations of the Clean Water Act. See Civil Action No. 4:24-cv-00068-WMR. ...more