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Litigation

Judge Orders Hearing On Transmission Line Removal In Key NEPA Case

A federal district court will hold an Oct. 15 hearing to decide whether he will force Virginia utility Dominion to remove transmission lines and two towers that cross the historic James River, as part of a key National Environmental Policy Act (NEPA) case challenging the Trump administration’s accelerated NEPA review policies.

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5th Circuit Judges Weigh Legal Bid To Overhaul EPA NAAQS Designations

Appellate judges at oral argument weighed Texas’ novel lawsuit that aims to upend EPA’s long-established process for designating which areas are attaining or failing to attain national ambient air quality standards (NAAQS), with Texas pushing an unusual Clean Air Act argument that would give states more power to issue the findings.

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EPA Seeks To End TSCA Petition Challenge Over Water Fluoridation

EPA is renewing its bid to end environmental and public health groups’ efforts to obtain a court ruling on the merits of their petition asking EPA to ban drinking water fluoridation because of human health risks, in a case testing a little-used section of the Toxic Substances Control Act (TSCA) shortly after the court denied EPA’s appeal to delay a trial.

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California-EPA Spat Over Vehicle GHG Rules Explodes Into Major Fight

Tensions between California and the Trump administration over auto greenhouse gas rules that simmered for more than a year have exploded into an all-out legal and policy fight, with the two sides ramping up their attacks including EPA’s threats to revoke the state’s delegated water law authorities and yank federal highway funds.

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Venue, Other Fights Could Set Pace Of California Vehicle Program Battle

The speed of litigation over the Trump administration’s revocation of California’s vehicle greenhouse gas authority will depend on several factors, including disputes over the proper court venue for the case, potential government requests to expedite proceedings and the unknown effect of related auto GHG litigation, experts say.

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Alaska groups sue EPA over Pebble Mine ‘veto’ reversal

Native Alaskans and commercial fishermen in new litigation are claiming EPA’s withdrawal of a planned “veto” of the contentious Pebble Mine was arbitrary and capricious.

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EPA Rejects Claim Of California ZEV Rules Offering Air Quality Benefit

The Trump administration, as part of its final revocation of California’s authority for its vehicle greenhouse gas and zero emissions vehicle (ZEV) programs, is rejecting claims from the programs’ supporters that the ZEV rules in particular improve local air quality, citing the state’s declarations appearing to downplay the rules’ benefits.

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EPA Undoing California Vehicle Power May Bolster Suit On GHG Finding

Environmentalists are citing language in EPA’s rule undoing California’s authority to set stricter vehicle greenhouse gas limits to boost their lawsuit over the Trump administration’s 2018 finding calling for weaker federal vehicle GHG rules, claiming the language aids their claim that the finding is a “final” action subject to court review.

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Courts Wrestle With Potential Impact Of ‘Repeal’ Rule On CWA Litigation

Federal courts are wrestling with the potential impact of EPA’s rule repealing the Obama-era Clean Water Act (CWA) jurisdiction policy on litigation over the 2015 standard, including whether to put the challenges on hold until the repeal takes effect or potentially vacate the existing standard in cases where it has been remanded to the agency.

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States say CSAPR rulings invalidate EPA ozone petition denials

East Coast states say that the D.C. Circuit must vacate EPA’s denial of their petitions for direct regulation of upwind ozone, based on its recent rulings in two key interstate pollution cases.

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