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MGKF Litigation Blog

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Ninth Circuit Finds Clean Water Act Suit Seeking Only Civil Penalties Becomes Moot Once Wrongful Conduct Ceased

The Ninth Circuit’s November 5th decision in Coastal Environmental Rights Foundation, v. Naples Restaurant Group, LLC exploded onto the scene -- deepening an existing circuit split on whether a Clean Water Act citizen suit stays alive based solely only civil penalties once the alleged wrongful conduct ceases. Consistent with the...

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Environmental Groups Denied Intervention in Constitutional Challenge to New York’s Climate Law

Earlier this month, the U.S. District Court for the Northern District of New York denied a motion by several environmental organizations seeking to intervene in a multistate constitutional challenge to New York’s Climate Change Superfund Act (“CCSA” or the “Act”) – a landmark 2024 statute...

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Second Circuit Orders Attorneys’ Fees for Removal Arguments in New York City Climate Change Case

On October 3, 2025 a three judge panel for the Second Circuit ruled that Exxon Mobil Corporation, BP P.L.C., Shell Oil Company, and the American Petroleum Institute (“API”) must pay New York City (“the City”)’s attorneys’ fees and costs for advancing “absurd” arguments...

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Third Circuit Affirms Bankruptcy Jurisdiction to Interpret Confirmation Order and Denies Collateral Attack in Pendin...

In a reversal of a decision by the New Jersey District Court, the Court of Appeals for the Third Circuit in In re Congoleum Corporation held 2-1 that the bankruptcy court did not have jurisdiction to reopen an earlier proceeding to interpret findings within a confirmation order, holding interpretation of such orders constitutes a bankrupt...

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Ninth Circuit Court of Appeals Holds that Cultural Uses May Be Considered in Natural Resource Damage Assessments

This month, the United States Court of Appeals for the Ninth Circuit held in Confederated Tribes of the Colville Rsrv. v. Teck Cominco Metals Ltd, No. 24-5565, 2025 WL 2525853 (9th Cir. Sept. 3, 2025) that CERCLA permits recovery of natural resource damages with a cultural use component, effectively reversing the district court’...

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