RECENT LAW LIBRARY ARTICLES
Radon is a real health risk. It is also an area where education and informed decision making are far more effective than additional government mandates. Approximately 21,000 Americans die each year from radon induced lung cancer, according to the U.S. ...
For decades, federal agencies interpreted a single word in the 1973 Endangered Species Act, “harm” far beyond its ordinary meaning. On July 14, 2026, the U.S. Fish and Wildlife Service and National Marine Fisheries Service corrected that course by rescinding ...
The U.S. Department of Energy has proposed one of the most significant changes to federal appliance regulation in decades. While much of the public debate has focused on dishwashers and gas stoves, the proposal has implications far beyond the kitchen. ...
The Supreme Court’s Monsanto Decision – Why Businesses Far Beyond the Herbicide Industry Should Pay Attention
The U.S. Supreme Court's June 25, 2026, decision in Monsanto Co. v. Durnell is being reported in the mass media as another chapter in the long running Roundup mass tort litigation. That characterization misses the larger story about the Court amassing power for itself and the Executive branch. For real ...
California Extended Producer Responsibility Law Challenged in Federal Court
California’s experiment with extended producer responsibility (EPR) has finally met significant resistance. Seventeen states, joined by the National Association of Wholesaler Distributors, have filed suit in federal court challenging California’s Plastic Pollution Prevention and Packaging Producer Responsibility Act, which was SB 54. The case, State of Nebraska et al. v. Heller ...
Clean Water Act Citizen Suits Face Higher Burden After Fourth Circuit PFAS Ruling
Businesses facing PFAS compliance challenges received an important victory in a court decision this month when the U.S. Court of Appeals for the Fourth Circuit vacated a preliminary injunction that had barred The Chemours Company from discharging PFAS compounds above permit limits into the Ohio River. In West Virginia Rivers ...
Potassium Bromate Is Banned Abroad. Will it continue to be in American Pizza and Bagels?
For most Americans, choosing what to eat is a matter of taste, convenience, and cost. Increasingly, however, it is also a matter of informed risk management. As an environmental attorney who spends much of his professional life evaluating scientific evidence, regulatory trends, and long term risks, I support those consumers ...
SEC to Entirely Withdraw Contentious Climate Disclosure Rules
Last Friday, the Securities and Exchange Commission formally proposed to entirely rescind its rules that require companies to provide climate change related information in their registration statements and annual reports. While the contentious climate rules never took effect, the Commission’s proposal focuses on returning the agency to its core mandate ...
Fourth Circuit Blocks Key Portion of Maryland’s “Electricity Marketing” Law
Maryland’s effort to police “green” marketing claims in the electricity sector just hit a major constitutional roadblock. In a decision last month, the U.S. Court of Appeals for the Fourth Circuit ordered a preliminary injunction against a 2024 Maryland law’s core speech restriction on describing renewable electricity, and sent the ...
