The Florida Rules of Civil Procedure aim “to secure the just, speedy, and inexpensive determination of every action and proceeding.” For a corporate defendant, the difficulty of obtaining summary judgment
Continue Reading Using Florida’s Amended Summary Judgment Standard as a Weapon to Win
There have been a series of recent high-profile legislative actions and media articles concerning attempts to ban natural gas appliances or natural gas service to consumers over alleged safety and
Continue Reading 9th Circuit Chills Municipal Government Efforts to Ban Natural Gas for Cooking, Heating
On March 14, 2023, the U.S. Environmental Protection Agency (EPA) issued a proposed National Primary Drinking Water Regulation (NPDWR) which, if finalized, would set enforceable limits, known as Maximum Contaminant
Continue Reading PFAS in Drinking Water: EPA Proposes Historic New Regulation
On Jan. 26, 2023, the Environmental Protection Agency (EPA) solicited public input to inform two new Inflation Reduction Act (IRA) programs creating standards and labeling for construction materials that have
Continue Reading Inflation Reduction Act: EPA Invites Stakeholder Input on Grant/Technical Assistance Programs for Lower-Embodied Carbon Construction Materials, Standards
On June 30, 2022, the U.S. Supreme Court issued its long-awaited decision in West Virginia, et al. v. Environmental Protection Agency.
Continue Reading West Virginia, et al. v EPA – What It Is and What It Means for Continued Coal-Based Electrical Generation in the U.S.
The Environmental Protection Agency has proposed to list two “forever chemicals”—perfluorooctanoic acid (PFOA) and perfluorooctanesulfonic acid (PFOS)—as “hazardous substances” under the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA or
Continue Reading What Difference Will Listing ‘Forever Chemicals’ as Hazardous Substances Make?
The 2022 Monaco Memo highlights two “core principles” regarding voluntary self-disclosure. First, absent aggravating factors, DOJ will not “seek a guilty plea when a company has voluntarily self-disclosed, cooperated, and
Continue Reading DOJ’s Updated Corporate Crime Policies: Practical Considerations in the Environmental Context
“When you engage in actual fighting, if victory is long in coming, then men’s weapons will grow dull and their ardor will be damped.”
Sun Tzu, Art of
Continue Reading Using Florida’s Amended Summary Judgment Standard in Litigation
This article is an effort to hit the “reset” button on the frequently breathless commentary on the recently argued Supreme Court case (West Virginia et al v. EPA) addressing
Continue Reading Journey to the U.S. Supreme Court – Regulating Power Plant Greenhouse Gas Emissions
In yet another “sue and settle” case, the U.S. Environmental Protection Agency has proposed entering into a consent decree agreeing to rule on the Center for Biological Diversity’s (CBD) petition
Continue Reading EPA Considers Classifying Discarded PVC Plastic as Hazardous Waste