Environmental Litigation and Mass Tort

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Supreme Court Adopts “Continuous Surface Connection” Test For Whether Wetlands Are Covered By The Clean Water Act

The U.S. Supreme Court has held that the Clean Water Act covers only those wetlands with a continuous surface connection to other covered waters.

Client Alert | May 25, 2023

Federal Infrastructure Permitting Reform Update – Senate Environment and Public Works Committee: “We Need to Finish the Job” on Infrastructure

Members of Gibson Dunn's Public Policy Practice Group analyze a recent U.S. Senate Environment and Public Works Committee hearing involving potential changes in infrastructure permitting and environmental authorization laws.

Client Alert | May 19, 2023

Federal Infrastructure Permitting Reform Update: Senate Energy & Natural Resources Committee Members Bullish on Reform

Gibson Dunn lawyers analyze developments regarding the infrastructure permitting debate in Congress.

Client Alert | May 12, 2023

Federal Infrastructure Permitting Reform Update: Senate Environment and Public Works Committee Promotes Bipartisanship

On April 26, the U.S. Senate Committee on Environment and Public Works held a hearing addressing the need to improve the federal infrastructure permitting process. Our lawyers provide analysis of the proceedings.

Client Alert | April 27, 2023

Carbon Markets Update – Q1 2023

Gibson Dunn lawyers provide recent updates and analysis on the voluntary carbon market.

Client Alert | April 4, 2023

Gas Stoves: Developing Regulatory and Litigation Actions

Thirty-eight percent of American homes use gas stoves, and so stove manufacturers, retailers and the fossil fuel industry could be significantly affected by any regulatory restrictions following Department of Energy proposals and Consumer Product Safety Commission investigations. Here, our partners give an overview of the current regulatory landscape and potential litigation.

Client Alert | March 29, 2023

UK Antitrust Authority Releases Guidance on Sustainability Collaborations

Our lawyers review recent draft Guidance released by the UK’s Competition & Markets Authority on the application of the UK’s antitrust laws to environmental sustainability agreements between competitors.

Client Alert | March 15, 2023

Webcast: 2023 Environmental Update

Join our panelists as they discuss significant developments in federal and California environmental law and forecast what to expect for 2023.

Webcasts | February 15, 2023

Eight Gibson Dunn Attorneys Named in 2023 Lawdragon Green 500: Leaders in Environmental Law

Eight Gibson Dunn attorneys were named among Lawdragon’s 2023 Green 500: Leaders in Environmental Law.

Firm News | February 7, 2023

Who’s Who Legal Recognizes 39 Gibson Dunn Partners in its Inaugural Thought Leaders USA Guide

The inaugural edition of Who’s Who Legal’s Thought Leaders: USA featured 39 partners from Gibson Dunn.

Firm News | January 9, 2023

Omnibus Electric Vehicle Update

Our lawyers discuss the current regulatory landscape involving electric vehicles and provide a roadmap for where regulations are heading.

Client Alert | January 5, 2023

Carbon Markets Update – Q4 2022

Gibson Dunn lawyers provide recent updates and analysis on the voluntary carbon market.

Client Alert | December 19, 2022

Calif. EV Battery Recycling Plans Could Set National Trend

Orange County partner Thomas Manakides and associate Mark Tomaier are the authors of "Calif. EV Battery Recycling Plans Could Set National Trend" published by Law360 on December 8, 2022.

Article | December 9, 2022

Proposed Amendment to Federal Acquisition Regulation Would Require Contractors to Disclose Greenhouse Gas Emissions, Emissions Reduction Targets, and Climate-Based Financial Risks

Gibson Dunn lawyers provide context to recent proposed climate-focused rule changes that would impact certain Federal contractors.

Client Alert | November 15, 2022

Four Gibson Dunn Partners Recognized by Who’s Who Legal 2022 Environment

Who’s Who Legal named four Gibson Dunn partners to its 2022 Environment guide. Los Angeles partner Patrick Dennis was recommended in Environment; New York partner Anne Champion was recommended in Climate Change, San Francisco partner Peter Modlin was recommended in Environment, and Washington, D.C. partner Raymond Ludwiszewski was recommended in Environment.

Firm News | September 7, 2022

Energy Industry Reacts to SEC Proposed Rules on Climate Change

Gibson Dunn has surveyed the comment letters submitted by public and private energy companies and related industry associations regarding the proposed rules by the Securities and Exchange Commission on climate change disclosure requirements for U.S. public companies and foreign private issuers.

Client Alert | August 10, 2022

Supreme Court Upholds Limits On Environmental Protection Agency’s Authority To Shift Sources Of Energy Production

On June 30, 2022, the Supreme Court held 6-3 that Congress has not delegated broad authority to EPA to substantially restructure the American energy market.

Client Alert | June 30, 2022

Webcast: Understanding the SEC Rule Proposal on Climate Change Disclosure

In March 2022, the Securities and Exchange Commission approved a rule proposal for new climate change disclosure requirements for both U.S. public companies and foreign private issuers. In this webcast, a panel of Gibson Dunn lawyers provides an overview of the proposed requirements and discuss the key takeaways and the impact the proposal, if adopted, would have on public companies.

Webcasts | April 21, 2022

Calif. Cities’ Drilling Bans May Face Pushback In State Courts

Orange County partner Thomas Manakides and associate Joseph Edmonds are the authors of "Calif. Cities' Drilling Bans May Face Pushback In State Courts" published by Law360 on March 28, 2022.

Article | March 28, 2022

Webcast: 2022 Environmental Update

Join our panelists from Gibson Dunn’s Environmental Litigation and Mass Tort practice group and Environment, Social, and Governance (ESG) practice area as they discuss significant developments in federal and California environmental law and forecast what to expect for 2022. This webcast covers a range of topics of significant interest to regulated industries, including ongoing and anticipated rulemakings, federal enforcement targets and initiatives, the evolving ESG landscape, and more.

Webcasts | February 9, 2022

Gibson Dunn Promotes 27 Lawyers to Partnership

Gibson, Dunn & Crutcher LLP is pleased to announce that the firm has elected 27 new partners, effective January 1, 2022. 

Press Releases | November 4, 2021

The French Government Is Required to Take Measures to Compensate for Ecological Damage for Which It Is Responsible

In a judgment dated 14 October 2021 related to the so-called “Case of the Century”, the Paris Administrative Court (the Court) ordered the State to make good the consequences of its failure to reduce greenhouse gas (GHG) emissions. In this respect, the Court ordered that the excess of the GHG emissions cap set by the first carbon budget be offset by 31 December 2022 at the latest. The French Government remains free to choose the appropriate measures to achieve this result.

Client Alert | October 25, 2021

9th Circ. Chromium Ruling May Expand Water System Liability

Washington, D.C. partner David Fotouhi is the author of "9th Circ. Chromium Ruling May Expand Water System Liability," [PDF] published by Law360 on October 14, 2021.

Article | October 15, 2021

Two Who’s Who Legal 2021 Guides Recognize Five Gibson Dunn Partners

Five Gibson Dunn partners were recognized in Who’s Who Legal 2021 Environment and Who’s Who Legal 2021 Government guides.

Firm News | September 30, 2021

New EPA Rule Bans Use of Pesticide Chlorpyrifos on Food

On August 18, 2021, the EPA released a final rule revoking tolerances for chlorpyrifos residues on food. EPA took this action to “stop the use of the pesticide chlorpyrifos on all food to better protect human health, particularly that of children and farmworkers.” The agency will also issue a Notice of Intent to Cancel under the Federal Insecticide, Fungicide, and Rodenticide Act to cancel registered food uses of the chemical associated with the revoked tolerances.

Client Alert | August 19, 2021

Proposed Regulations on Safe Harbor Warning Language for Glyphosate under California’s Proposition 65

On July 23, 2021, the California Office of Environmental Health Hazard Assessment released an Initial Statement of Reasons and proposed text for new regulations concerning safe harbor warnings under California’s Safe Drinking Water and Toxics Enforcement Act of 1986 (Proposition 65) for consumer products containing the herbicide glyphosate.

Client Alert | July 29, 2021

Green Investments Are Not Immune To ESG Scrutiny

Washington, D.C. partner Michael Murphy and associate Kyle Neema Guest are the authors of "Green Investments Are Not Immune To ESG Scrutiny," [PDF] published by Law360 on July 27, 2021.

Article | July 28, 2021

David Fotouhi Named an Energy & Environmental Trailblazer

The National Law Journal named Washington, D.C. partner David Fotouhi an Energy & Environmental Trailblazer for his work at the U.S. Environmental Protection Agency.

Firm News | July 1, 2021

Supreme Court Upholds Broad Eligibility For Small Refineries Seeking Hardship Exemptions From Compliance With The EPA’s Renewable Fuel Standards

On June 25, 2021, the Supreme Court held 6-3 that the Clean Air Act authorizes the EPA to exempt a small refinery from compliance with the renewable fuel standards program, even if the small refinery had not received an exemption each year since the program commenced in 2011.

Client Alert | June 25, 2021

The Right to Breathe Clean Air: The European Judge Is Called Upon to Give a Decisive Ruling

A ruling by the Versailles Administrative Court of Appeal on 29 January 2021 could result in a historic ruling by the Court of Justice of the European Union (CJEU). Upon referral by the Court, the CJEU will be called upon to rule on the existence of a right to breathe clean air and on the liability incurred by the Member States of the European Union in the case of disregard of their obligations in terms of air quality.

Client Alert | June 23, 2021

Law360 Names Lauren Blas and David Fotouhi as 2021 Rising Stars

Los Angeles partner Lauren Blas and Washington, D.C. partner David Fotouhi were named among Law360’s Rising Stars for 2021 in their respective practice areas of Employment and Environmental law.

Firm News | June 3, 2021

Roundup Case Shows State Law Can Top Preemption Defense

Orange County partner Thomas Manakides and associate Joseph Edmonds are the authors of "Roundup Case Shows State Law Can Top Preemption Defense," [PDF] published by Law360 on June 1, 2021.

Article | June 2, 2021

Supreme Court Holds That Only Superfund-Specific Settlements Can Trigger Contribution Under CERCLA Section 113(f)(3)(B)

On May 24, 2021, the Supreme Court held 9-0 that only the resolution of CERCLA-specific liability could give rise to a contribution claim under the Superfund statute.

Client Alert | May 25, 2021

Webcast: Carbon Markets: What We Know and What to Expect

Join a panelist of Gibson Dunn lawyers for a discussion of cap and trade programs in the United States and Europe, and a forecast of what to expect for a U.S. carbon market under the Biden administration.

Webcasts | May 5, 2021

Congress on Track to Reject Trump EPA Revisions to Oil and Gas Methane Standards

On April 28, 2021, the U.S. Senate approved a resolution to repeal EPA’s 2020 policy amendments to regulations of upstream and midstream oil and gas operations. 

Client Alert | May 3, 2021

Water Rule Reinstatement Shows Specific Objections Are Key

Washington, D.C. partner David Fotouhi and associates Andrew Wilhelm and Amalia Reiss are the authors of "Water Rule Reinstatement Shows Specific Objections Are Key," [PDF] published by Law360 on April 28, 2021.

Publications | April 29, 2021

EPA and NHTSA Seek Public Comment on Reconsideration of Prior Actions Concerning California’s Authority to Enforce Greenhouse Gas Standards and Mandate Zero Emission Vehicles

On his first day in office, President Biden signed an Executive Order that directed his administration to focus on addressing climate change, and issued a mandate that certain agencies immediately review a number of agency actions from the previous administration regarding greenhouse gas (GHG) emissions.

Client Alert | April 27, 2021

What DC Circ.’s Finality Test Means For Biden Enviro Policies

Washington, D.C. partner David Fotouhi and associate Trenton Van Oss are the authors of "What DC Circ.'s Finality Test Means For Biden Enviro Policies," [PDF] published by Law360 on April 20, 2021.

Publications | April 21, 2021

Webcast: Biden’s EPA: The First 60 Days and Beyond

In this webcast, members of Gibson Dunn’s Environmental Litigation and Mass Tort practice group discuss significant recent developments and forecast what to expect from the Environmental Protection Agency under the new U.S. presidential administration.

Webcasts | March 23, 2021

Four Partners Named Among the 2021 Lawdragon 500 Leading Environmental & Energy Lawyers

Four Gibson Dunn partners were named among the 2021 Lawdragon 500 Leading Environmental & Energy Lawyers. This inaugural list recognizes lawyers who “represent the evolution of environmental law.” Los Angeles partner Patrick Dennis and Washington, D.C. partners Stacie Fletcher, Raymond Ludwiszewski and Daniel Nelson were recognized.

Firm News | March 19, 2021

Environmental Cases to Watch in the U.S. Supreme Court for 2021

Gibson Dunn lawyers highlight the central issues raised by two key environmental cases pending before the U.S. Supreme Court and provide expert analysis on the potential implications of the Court’s review, along with other cases to watch raising important environmental considerations.

Client Alert | March 18, 2021

U.S. EPA Releases Final Rule Tightening Emissions Limits for Power Plants in 12 States

On March 15, 2021, the U.S. Environmental Protection Agency issued a final rule that requires electric generating units (i.e., power plants) in 12 states to reduce ozone season nitrogen oxides emissions. This final rule, issued pursuant to a court-ordered deadline, is the first significant regulatory action finalized by the Biden EPA.

Client Alert | March 16, 2021

The Case of the Century – The French Administrative Court Issues a Groundbreaking Ruling on State Responsibility for Climate Change

On February 3, 2021, the Administrative Court of Paris ruled that a liability action brought by several environmental protection associations against the French State, seeking recognition of its failure to act against climate change, was admissible, that the ecological damage alleged by the associations was established and that the French State was partially responsible for it.

Client Alert | February 26, 2021

3 Key Environmental Takeaways From Biden’s First 30 Days

Washington, D.C. partner Stacie Fletcher, Los Angeles partner Abbey Hudson and Washington, D.C. associate Rachel Levick Corley are the authors of "3 Key Environmental Takeaways From Biden's First 30 Days," [PDF] published by Law360 on February 17, 2021.

Publications | February 18, 2021

Former U.S. EPA Acting General Counsel David Fotouhi Returns to Gibson Dunn’s D.C. Office

Gibson, Dunn & Crutcher LLP is pleased to announce that David Fotouhi has returned as a partner to the firm’s Washington, D.C. office. After serving for the past three and a half years in the Office of General Counsel at the U.S.

Press Releases | February 16, 2021

Department of the Interior’s New Migratory Bird Treaty Act Interpretive Rule in the Crosshairs

The Trump administration recently finalized a rule that clarifies that the incidental killing of migratory birds is not punishable under the Migratory Bird Treaty Act (MBTA).

Client Alert | January 13, 2021

California Air Resources Board Approves Significant Changes to Stationary Source Emissions Reporting Requirements, Increasing Number of Reportable Chemicals to 1,300

The California Air Resources Board (CARB) recently approved significant changes to the requirements for reporting emissions from stationary sources to help monitor air pollution at local levels.

Client Alert | December 1, 2020

California Air Resources Board Releases Draft Annual Evaluation of Fuel Cell Electric Vehicle & Hydrogen Fuel Station Network Deployment

In 2013, California set hydrogen infrastructure targets to promote development and growth of the fuel cell electric vehicle (FCEV) and hydrogen fueling market. Yesterday, the California Air Resources Board (CARB) released a draft annual report that analyzes the industry’s current status and near-term outlook, and recommends “actions necessary to maintain progress and enable continued future expansion.”

Client Alert | November 18, 2020

California Air Resources Board Urges Self-Disclosure of Non-Compliant Software and Regulatory Violations by December 31, 2020

On October 14, 2020, the California Air Resources Board (CARB) issued a letter to light-, medium-, and heavy-duty vehicle and engine manufacturers encouraging industry to report any hardware or software changes made to their vehicles or engines if such changes (i) affect emissions and (ii) were not previously or properly disclosed to CARB.

Client Alert | October 14, 2020

13 Gibson Dunn Partners Named Lawyers of the Year

Best Lawyers® named 13 Gibson Dunn partners as the 2021 Lawyer of the Year in their respective practice areas and cities: Frederick Brown – San Francisco – Trademark Law Lawyer of the Year, Jessica Brown – Denver – Employment Law – Management Lawyer of the Year, Christopher Dillon – San Jose – Corporate Law Lawyer of the Year, Baruch Fellner – Washington, D.C. – Litigation – Labor and Employment Lawyer of the Year, Stewart McDowell – San Francisco – Banking and Finance Law Lawyer of the Year, Peter Modlin – San Francisco – Litigation – Environmental Lawyer of the Year, Kenneth Parker – Orange County – Litigation – Patent Lawyer of the Year, Doug Rayburn – Dallas – Securities/Capital Markets Law Lawyer of the Year, Douglas Smith – San Francisco –

Firm News | August 20, 2020