Energy

Washington state is urging the Supreme Court to reject a complaint regarding a long-running dispute over the state’s denial of a Clean Water Act (CWA) water quality certification for a planned coal export terminal, arguing the “issues raised are meritless and already being litigated in other courts, and Plaintiffs lack standing in any event.”

Industry representatives say they are wary of President Donald Trump’s new executive order (EO) directing federal agencies to waive certain environmental reviews to speed infrastructure permits, as any project approved under the emergency exemption is virtually guaranteed to face litigation from environmental groups.

Environmental groups and several states are warning EPA that its draft Clean Air Act guidance making it easier for companies to avoid new source review (NSR) permitting requirements is unlawful, outlining a host of legal attacks on the guide that could inform a potential lawsuit if the agency finalizes the guidance as proposed.

The high-profile appeals court ruling holding that the Clean Air Act does not preempt county governments from pursuing state court actions against Volkswagen over its use of defeat devices may boost municipalities fighting preemption arguments from major oil companies in their efforts to keep their climate nuisance suits in state court.