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Calls for Treaty on Marine Litter Continue During World Oceans Week

Client Alert | 2 min read | 06.12.20

While the COVID-19 pandemic has forced the postponement or cancellation of many in-person events around the world, the push for a new global agreement to address marine litter and microplastics is continuing via virtual and online meetings. On June 8th the United Nations (U.N.) hosted a day-long event, to kick off World Oceans week. The President of the U.N. General Assembly, Tijjani Muhammad Bande, called attention to the issue of marine litter in his 2020 message, stating “This year we must take action to prevent a further eight million tons of plastic waste from entering the ocean and protect global ecosystems. We simply cannot stand by while oceans acidify, sea levels rise and pollution increases.”

The need to continue efforts to combat marine litter and advance discussions at the international level was underscored in many of the events held throughout the week. An online forum was led by the U.N. Environment Assembly (UNEA) President and Norwegian Minister of Climate and Environment, Sveinung Rotevatn from June 7th - 10th. The “Act #ForNature Forum”, brought together representatives from governments, the business sector and civil society to discuss ocean pollution, with Norway and many within the NGO community advocating for the need of a new global agreement on marine litter and microplastics.

Other organizations such as the Asia-Pacific Economic Cooperation (APEC) forum have advocated for improving waste collection and management systems as the fastest way to prevent and reduce marine litter in the near-term. In 2019 APEC Ministers endorsed the APEC Roadmap on Marine Debris and Malaysia, as the host economy for APEC in 2020, selected “driving innovative sustainability” and “innovative waste management through circular economy” as a top priority this year. For Malaysia, the COVID-19 pandemic has underscored the need to transition to a more circular economy in which waste is viewed as a resource per a recent report from APEC’s Policy Support Unit. Upcoming meetings in August (either online or in-person) will provide opportunities for government officials and businesses to discuss the policies needed to enable more circular systems and prevent waste from entering the environment. 

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Client Alert | 5 min read | 12.12.25

Eleventh Circuit Hears Argument on False Claims Act Qui Tam Constitutionality

On the morning of December 12, 2025, the Eleventh Circuit heard argument in United States ex rel. Zafirov v. Florida Medical Associates, LLC, et al., No. 24-13581 (11th Cir. 2025). This case concerns the constitutionality of the False Claims Act (FCA) qui tam provisions and a groundbreaking September 2024 opinion in which the United States District Court for the Middle District of Florida held that the FCA’s qui tam provisions were unconstitutional under Article II. See United States ex rel. Zafirov v. Fla. Med. Assocs., LLC, 751 F. Supp. 3d 1293 (M.D. Fla. 2024). That decision, penned by District Judge Kathryn Kimball Mizelle, was the first success story for a legal theory that has been gaining steam ever since Justices Thomas, Barrett, and Kavanaugh indicated they would be willing to consider arguments about the constitutionality of the qui tam provisions in U.S. ex rel. Polansky v. Exec. Health Res., 599 U.S. 419 (2023). In her opinion, Judge Mizelle held (1) qui tam relators are officers of the U.S. who must be appointed under the Appointments Clause; and (2) historical practice treating qui tam and similar relators as less than “officers” for constitutional purposes was not enough to save the qui tam provisions from the fundamental Article II infirmity the court identified. That ruling was appealed and, after full briefing, including by the government and a bevy of amici, the litigants stepped up to the plate this morning for oral argument....

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