Dear Section Members, Here is the mid-summer news roundup. From Law360: DuPont Inks $2.5B Deal With NJ Over PFAS Pollution<https://www.law360.com/environmental/articles/2372759/dupont-inks-2-5b-deal-with-nj-over-pfas-pollution> E.I. du Pont de Nemours and New Jersey have reached a more than $2 billion landmark deal to remedy long-standing "forever chemical" contamination at the company's manufacturing sites across the Garden State, including a longtime facility in Salem County. EPA Beats Coolant Cos.' Challenge To HFC Regs<https://www.law360.com/environmental/articles/2372414/epa-beats-coolant-cos-challenge-to-hfc-regs> The D.C. Circuit on Friday rejected refrigerant companies' challenges to a law requiring the U.S. Environmental Protection Agency to phase down the use of hydrofluorocarbons and said the cap-and-trade program implementing the law was based on sound methodology. EPA Extends Compliance Deadlines For Methane Control Rule<https://www.law360.com/environmental/articles/2371224/epa-extends-compliance-deadlines-for-methane-control-rule> The U.S. Environmental Protection Agency is extending certain compliance deadlines for a Biden-era rule that imposed sweeping new methane control requirements for oil and gas infrastructure. 9th Circ. Urged To Rehear Alaskan Willow Project Ruling<https://www.law360.com/environmental/articles/2370419/9th-circ-urged-to-rehear-alaskan-willow-project-ruling> Alaskan Native and environmental advocacy groups are asking the Ninth Circuit for a rehearing on its ruling to uphold the federal government's decision to evaluate only alternatives for the ConocoPhillips Willow project that they say will result in full development of the Arctic oil reservoir. 11th Circ. Upholds Toss Of Sea Island Clean Water Act Suit<https://www.law360.com/environmental/articles/2370755/11th-circ-upholds-toss-of-sea-island-clean-water-act-suit-> The Eleventh Circuit has affirmed the toss of a suit filed against Georgia's Sea Island resort for allegedly misleading the Army Corps of Engineers about a wetlands filling project, finding that the resident and environmental groups who filed the suit failed to show a wetland on the property satisfied the test for "waters of the United States." EPA Proposes Ditching GHG Danger Finding In Tailpipe Rule<https://www.law360.com/environmental/articles/2370650/epa-proposes-ditching-ghg-danger-finding-in-tailpipe-rule> The U.S. Environmental Protection Agency on Tuesday proposed repealing an Obama-era finding that greenhouse gases endanger people's health and all vehicle emissions standards that relied upon that finding. Hawaii Fights Back Against US Bid To Block Climate Suit<https://www.law360.com/environmental/articles/2370217/hawaii-fights-back-against-us-bid-to-block-climate-suit> Hawaii on Friday asked a federal judge to throw out the Trump administration's "extraordinary and unprecedented" effort to block the state's climate change lawsuit against major energy companies. Fluoride Fans Tell 9th Circ. To Preserve Drinking Water Use<https://www.law360.com/environmental/articles/2369414/fluoride-fans-tell-9th-circ-to-preserve-drinking-water-use> A pro-fluoride group is supporting the U.S. Environmental Protection Agency's fight to overturn a California federal judge's ruling that current limits on the chemical in drinking water aren't protective enough. Conn. Water Cos. Want Judge To Toss Customer PFAS Cases<https://www.law360.com/environmental/articles/2369157/conn-water-cos-want-judge-to-toss-customer-pfas-cases> The Connecticut Water Co. and Aquarion Water Co. on Thursday asked a Connecticut Superior Court judge to dismiss two consumer proposed class actions seeking cash damages for tap water allegedly contaminated with PFAS "forever chemicals," arguing the case should have been first considered by a state regulatory agency. North Carolina AG Defends Power To Pursue PFAS Suit<https://www.law360.com/environmental/articles/2368363/north-carolina-ag-defends-power-to-pursue-pfas-suit> North Carolina Attorney General Jeff Jackson on Wednesday urged a state court judge not to dismiss his long-running lawsuit against DuPont spinoffs over groundwater contamination from forever chemicals, saying lawmakers have not revoked his power to continue pursuing the case. Energy Litigation To Watch in the 2nd Half of 2025<https://www.law360.com/environmental/articles/2355941/energy-litigation-to-watch-in-the-2nd-half-of-2025> The energy litigation landscape for the rest of 2025 will be dominated by courtroom showdowns between the Trump administration and blue states over U.S. energy and climate change policy. Insurer Says Pollution Exclusion Applies To Asbestos Suits<https://www.law360.com/environmental/articles/2366238/insurer-says-pollution-exclusion-applies-to-asbestos-suits> A Berkshire Hathaway unit said it doesn't owe coverage to a paint and drywall product manufacturer in a number of asbestos exposure suits, telling a Texas federal court Thursday that coverage is barred by a pollution exclusion in its umbrella and excess policies. 4th Circ. Pauses Air Quality Suit As EPA Rethinks W.Va. Plan<https://www.law360.com/environmental/articles/2363311/4th-circ-pauses-air-quality-suit-as-epa-rethinks-w-va-plan> The Fourth Circuit on Thursday granted a request to pause West Virginia's ozone regulation lawsuit so the U.S. Environmental Protection Agency can reconsider the state's air quality compliance plan. DuPont Reaches $27M Settlement In NY PFAS Case<https://www.law360.com/environmental/articles/2363029/dupont-reaches-27m-settlement-in-ny-pfas-case> The members of a proposed class of hundreds of residents whose drinking water was tainted by "forever chemicals" have told a New York federal judge that they've reached a $27 million deal with DuPont, ending claims that it is responsible for the contamination, putting the total settlements achieved at $92 million. EPA Violated ESA With Nitrogen, Soot Standards, Group Says<https://www.law360.com/environmental/articles/2362725/epa-violated-esa-with-nitrogen-soot-standards-group-says> The U.S. Environmental Protection Agency violated the Endangered Species Act when it approved air quality standards for two pollutants without properly analyzing their effects on animals and plants, the Center for Biological Diversity told the D.C. Circuit Tuesday. Wash. Seafood Plant, Steel Shop Slapped With CWA Suits<https://www.law360.com/environmental/articles/2362447/wash-seafood-plant-steel-shop-slapped-with-cwa-suits-> Environmental groups launched a pair of Clean Water Act lawsuits in Washington federal court on Tuesday accusing an Evergreen State seafood producer and specialty machinery firm of releasing pollutants into local waterways in violation of state and federal permitting regulations. Environmental Regulations To Watch In 2025: Midyear Report<https://www.law360.com/environmental/articles/2360112/environmental-regulations-to-watch-in-2025-midyear-report> The U.S. Environmental Protection Agency said it's planning big changes to existing regulations and policies, including possibly rescinding its finding that greenhouse gases pose a danger to people's health and rolling back standards for forever chemicals. Biggest Enviro Cases to Watch in 2025: Midyear Report<https://www.law360.com/environmental/articles/2357541/biggest-enviro-cases-to-watch-in-2025-midyear-report-> Lawsuits expected to advance during the second half of this year include on aimed at stopping the Trump administration from pulling funding for climate change projects and a landmark trial that could dictate states’ popwer to regulate forever chemicals. From Law.com: Manufacturers Remain on the Hook for Clean Drinking Water Deliveries, Federal Judge Rules<https://www.law.com/2025/07/23/manufacturers-remain-on-the-hook-for-clean-drinking-water-deliveries-federal-judge-rules-/> A federal judge in Massachusetts ordered a group of manufacturers, fertilizer suppliers, and other companies to continue distributing bottled water to residents who claim their land and private well water was contaminated with per- and polyfluoroalkyl substances (PFAS) chemicals. PFAS in Agriculture: Litigation Trends Related to Biosolids and Contamination Claims<https://www.law.com/thelegalintelligencer/2025/07/22/pfas-in-agriculture-litigation-trends-related-to-biosolids-and-contamination-claims/> The rapid growth of per- and polyfluoroalkyl substances (PFAS) litigation in the United States is forcing courts, regulators, and industries to confront the complex legal and environmental consequences of “forever chemicals” in agriculture. Among the most striking examples is the case of Art Schaap, a New Mexico dairy farmer whose operations were allegedly severely impacted by PFAS contamination that he claims is linked to Cannon Air Force Base. Schaap’s legal battles, which include an unsuccessful takings clause claim against the federal government and participation in the sprawling AFFF multidistrict litigation (MDL) against chemical manufacturers, reflects the evolving legal theories plaintiffs are utilizing in an attempt to recover alleged losses from PFAS contamination. See Schaap v. United States, No. 2:24-CV-07040-RMG (D.S.C. Dec. 5, 2024). MDL Judge: Thousands of Unfiled 'Forever Chemicals' Claims Could Disrupt Bellwether Process<https://www.law.com/2025/07/21/mdl-judge-thousands-of-unfiled-forever-chemicals-claims-could-disrupt-bellwether-process/> A federal judge ordered lawyers in the multidistrict litigation over “forever chemicals” in drinking water to meet with him Tuesday after a lead defense attorney disclosed there could be tens of thousands of additional unfiled claims. From National Law Review: EPA Must Reconsider Developing ELGs for Seven Industries<https://natlawreview.com/article/epa-must-reconsider-developing-elgs-seven-industries#google_vignette> The U.S. Court of Appeals for the Ninth Circuit recently found that the U.S. Environmental Protection Agency (EPA) failed to properly consider advances in wastewater treatment technology and ordered EPA to reconsider updating the effluent limitations guidelines (ELGs) for the following seven industrial categories: (1) Petroleum Refining; (2) Organic Chemicals, Plastics, and Synthetic Fibers Manufacturing; (3) Inorganic Chemical Manufacturing; (4) Fertilizer Manufacturing; (5) Pesticide Chemical Manufacturing; (6) Plastics Molding and Forming Facilities; and (7) Nonferrous Metals Manufacturing. If, upon reconsideration, EPA determines that the ELGs should be updated for some or all of these industrial categories, the result could be new ELG rulemaking, opportunities for covered industries to provide critical information to help ensure the rulemaking accounts for critical technical and economic information, and (ultimately) new ELG rules that could have substantial impacts on wastewater treatment requirements at covered facilities. June & July 2025 PFAS Legislative Developments June & July Legislation Tracking (June 1 – July 31)<https://natlawreview.com/article/june-july-2025-pfas-legislative-developments-june-july-legislation-tracking-june-1> Deadline Extended for Reporting PFAS in Products in Minnesota, Proposed Minnesota PFAS Reporting Rule under Administrative Review<https://natlawreview.com/article/deadline-extended-reporting-pfas-products-minnesota-proposed-minnesota-pfas> Under Minnesota’s PFAS in products law, manufacturers of products containing intentionally added per- and polyfluoroalkyl substances (PFAS) must report those products to the Minnesota Pollution Control Agency (MPCA) by January 1, 2026, unless the MPCA extends that deadline. The MPCA has proposed a rule to implement this PFAS reporting requirement, and in connection with that rulemaking the agency announced on July 23, 2025 that it will delay the reporting deadline by six months. With the delay, reports will not be due until July 1, 2026. From JD Supra: California Environmental Law & Policy Update 8.1.25<https://www.jdsupra.com/legalnews/california-environmental-law-policy-2921652/> EPA reverses landmark climate policy, California could lead a resistance US Supreme Court Clarifies Venue Rules Under the Clean Air Act<https://www.jdsupra.com/legalnews/us-supreme-court-clarifies-venue-rules-3073272/> The US Supreme Court in EPA v. Calumet Shreveport clarified where challenges to certain US Environmental Protection Agency actions under the Clean Air Act must be filed. The Court split the difference between competing interpretations of the act’s venue provision, holding that EPA’s decision denying small-refinery exemptions under the renewable fuel standard program must be reviewed in the DC Circuit, rather than in regional courts such as the Fifth Circuit, because the action was “nationwide in scope or effect.” Climate Change Environmental Groups Challenge President’s Executive Orders to Expand Energy Development<https://www.jdsupra.com/legalnews/climate-change-environmental-groups-7108399/> We previously reported that President Trump issued a series of executive actions to fulfill his pledge to advance the United States’ domestic energy economy. These executive actions, such as President Trump’s Executive Orders Unleashing American Energy, Declaring a National Energy Emergency, and Reinvigorating…[the] Coal Industry…., now face legal challenges from environmental groups, led by Our Children’s Trust, a nonprofit law firm that exclusively represents youth plaintiffs against state and federal governments.[1] Presently, Our Children’s Trust seeks to enjoin these orders from taking effect because of their potential impact on climate change in the youths’ future. This post will provide a brief overview of the litigation and its pending timeline. Sewage Sludge and Wastewater Treatment Plants Identified as Key Sources of PFAS Pollution<https://www.jdsupra.com/legalnews/sewage-sludge-and-wastewater-treatment-5628748/> New research suggests that sewage sludge and wastewater treatment plants are major sources of per- and polyfluoroalkyl substances (PFAS) pollution. Waterkeeper Alliance, in partnership with local Waterkeeper groups and the Hispanic Access Foundation, conducted the second of a multi-phase monitoring initiative that focused on sites downstream from wastewater treatment plants (WWTPs) and permitted biosolid application fields. Over a 20-day period, passive PFAS samplers were deployed in rivers that bordered 32 sewage sludge sites (22 WWTPs and 10 biosolid application fields) across the United States. Approximately 98% of all samples had detectable levels of PFAS, with higher concentrations of PFAS observed at downstream sites (95% downstream WWTP and 80% downstream biosolids). According to researchers, these findings indicate sludge sites may be responsible for increased pollution levels. SCOTUS Clean Air Act Cases: What’s New?<https://www.jdsupra.com/legalnews/scotus-clean-air-act-cases-whats-new-73321/> In this episode of our "An Energized Exchange" podcast series, presented by the Energy & Natural Resources Industry Sector Group, attorneys Andy Kriha, Susan Lafferty and Zach Pilchen break down recent U.S. Supreme Court decisions in relation to the Clean Air Act (CAA), including U.S. Environmental Protection Agency (EPA) v. Calumet Shreveport Refining and Oklahoma v. EPA. As the attorneys explain, these two rulings settle disagreements among federal courts over which venue is appropriate for challenging certain EPA actions under the CAA. They discuss the key takeaways from these decisions and what they signal for the future of where and how EPA actions can be disputed in court. Wendy Wang Partner wendy.wang@bbklaw.com T: (213) 787-2554 bbklaw.com|