The Tenth Circuit has ruled that the U.S. Air Force’s challenge to New Mexico’s Resource Conservation and Recovery Act (RCRA) permitting requirements may proceed in federal, rather than state, court. The Air Force sued the New Mexico Environment Department (NMED) in federal court asserting that its hazardous-waste law exceeds the regulatory authority granted to the…
Arizona, Arkansas, Maryland, New Mexico, Oregon, Pennsylvania, and Washington joined Rhode Island and other states that had previously filed lawsuits against PFAS manufacturers. Alleging harm to their natural resources and property as well as threats to public health and safety, these states seek to recover mounting costs associated with investigating, testing for, and remediating PFAS…
A New Mexico district court found that the New Mexico Hazardous Waste Act requires that administrative appeals related to permits issued under that statute be heard in the New Mexico Court of Appeals. That meant the federal court lacked jurisdiction to decide whether the New Mexico Environment Department exceeded its authority by requiring the cleanup…
The United States filed for summary judgment in its suit over a hazardous waste remediation permit issued by the New Mexico Environment Department (NMED), arguing that the substances covered by the permit exceeded the state’s authority. The United States contends that NMED acted arbitrarily and capriciously by including PFOS and PFOA among the substances considered…
In the South Carolina AFFF MDL, parties must obtain approval to seek a preliminary injunction. New Mexico wanted a preliminary injunction that would require the U.S. Air Force to begin efforts to address groundwater PFAS contamination in the state. But, the Court denied New Mexico’s request for leave to seek an injunction, noting that a…