In RRVSG Assoc. v. Regan, the court temporarily reinstated the right of agricultural producers to use Chlorpyrifos, a key ingredient in chemical pesticides. The U.S. Court of Appeals for the Eighth Circuit recently decided RRVSG Assoc. v. Regan, File No. 22- 422 (8th Cir. Nov. 2, 2023), a case challenging […]
Environmental Pulse
Climate Goals and Mandatory Reporting Trigger Legal Risks for Companies
State and federal regulators have enacted new climate-disclosure mandates, and investors, consumers, and activists have demanded accountability for climate goals. Companies everywhere need to account for these legal risks. While some businesses have announced voluntary goals to protect the environment (see our analysis of market opportunities here), many companies must […]
Public-Water Suppliers Must Evaluate Potential PFAS Claims Against 3M and Dupont
After a federal judge preliminarily approved the proposed class-action settlements, public-water suppliers risk releasing their claims if they do not act. A federal judge preliminarily approved a proposed multibillion-dollar class-action settlement between public-water suppliers and DuPont de Nemours, Inc. (“DuPont”) and 3M Company (“3M”). As our previous article summarized, the […]
EPA Publishes “Final” Definition of “Waters of the United States”
Effective September 8, 2023, the new definition limits federal jurisdiction over water quality by removing the “significant nexus standard” and redefining what wetlands are “adjacent.” The U.S. Environmental Protection Agency (“EPA”) and U.S. Army Corps of Engineers (“Corps”) recently amended what constitutes “waters of the United States” (“WOTUS”). The Clean […]
Supreme Court to Consider Overruling Chevron Deference
At issue in Loper Bright Enterprises v. Raimondo is whether courts must continue to rely on agency interpretations when statutory text is ambiguous. This fall, the U.S. Supreme Court will hear oral arguments in a direct challenge to Chevron deference. An important rule of administrative law, Chevron sets a two-step […]