On July 14, 2017, three environmental groups (Environmental Integrity Project, Sierra Club, and Earth Justice) petitioned the Court of Appeals for the D.C. Circuit for a full review of its May decision that the EPA properly withheld testing data in response to a Freedom of Information Act (“FOIA”) request.  The petition for rehearing en banc asks that the full Court of Appeals for the D.C. Circuit reconsider the environmental groups’ arguments as opposed to the three judge panel that originally heard the case.

Continue Reading Greens seek rehearing on EPA withholding power plant data

A recent Eight Circuit decision highlights the difficulties in obtaining class action status in toxic tort actions. In Ebert, et al. v. General Mills, Inc., Class Action Plaintiffs alleged that General Mills released TCE onto the ground and into the environment causing the TCE in soil vapors to threaten homes and businesses in the surrounding neighborhood.  Continue Reading Toxic Tort Vapor Intrusion Case Highlights Difficulties In Class Action Certification

The tri-state water wars continue to divide the Southeast as litigation moves forward.  In Georgia, two river basins supply water to metropolitan Atlanta—the Apalachicola-Chattahoochee-Flint (ACF) River Basin which flows through Georgia, Florida, and Alabama and the Alabama-Coosa-Tallapoosa (ACT) River Basin which runs through Georgia and Alabama.  Litigation is pending over water allocation for both the ACF and the ACT basins. Continue Reading Special Master Appointed in Florida v. Georgia “Water Wars” and New ACT Lawsuits