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Litigation

Court Curbs FERC’s Use Of ‘Tolling Orders’ To Delay Suits Over Gas Projects

The full U.S. Court of Appeals for the District of Columbia Circuit in a sweeping decision is curbing the Federal Energy Regulatory Commission’s (FERC) use of “tolling orders” that it has long used to delay administrative reconsideration of natural gas infrastructure approvals and subsequent lawsuits over those projects.

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Auto GHG Rollback Critics Detail New Flaws In Rule, Renew Prior Claims

Environmentalists and California-aligned states in fresh legal and administrative filings are detailing a host of new and existing critiques of the Trump administration’s rollback of vehicle greenhouse gas standards, including a new argument that the rule’s already meager claimed benefits evaporate due to flawed assessments of traffic congestion.

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Environmentalists urge high court to reject pipeline permit stay request

Environmental groups argue a lower court’s vacatur of a Clean Water Act general permit for pipeline construction is the appropriate remedy for the Army Corps of Engineers’ Endangered Species Act violations.

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Suit Over Wood Heaters Air Rule Resumes As EPA Pauses Enforcement

A long-dormant lawsuit filed by wood heater manufacturers in a bid to weaken Obama EPA air standards for the devices is resuming in federal appeals court, weeks after the agency issued a proposal to delay enforcement of the stricter limits because of the economic harm stove makers are facing as a result of the COVID-19 pandemic.

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DOJ opposes Oregon ranchers’ bid to stay WOTUS rule

Echoing arguments recently made to a federal court in New Mexico, the Justice Department is asking a federal court in Oregon to reject a request from ranchers to stay the 2020 WOTUS rule.

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Bodine Sets Aug. 31 ‘Termination’ For COVID-19 Enforcement Discretion

EPA enforcement chief Susan Bodine has set an Aug. 31 “termination date” for the agency’s controversial enforcement discretion policy issued for the COVID-19 pandemic, adding a hard deadline to a previous agency statement that only said the policy would wind down “soon” even as Bodine seeks to defend it.

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Baltimore Urges High Court To Reject Oil Sector’s Climate Nuisance Appeal

Baltimore is urging the Supreme Court to reject the oil industry’s push to overturn an appellate decision allowing the city’s climate nuisance case to proceed in state court, arguing there is no circuit split over what issues appeals courts can consider when determining whether state or federal court is the proper venue for a case.

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Environmentalists cite Iowa air plan approval to bolster SSM venue fight

Sierra Club and other groups say EPA’s approval of an Iowa air plan boosts their claim that litigation over another state’s plan should be heard in the U.S. Court of Appeals for the District of Columbia Circuit.

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CLF faces obstacles in restarting novel climate case

A federal appeals court says the Conservation Law Foundation has not explained how it can appeal a lower court’s order staying litigation over an ExxonMobil facility’s environmental permits.

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Critics Cite New High Court Rulings In Vehicle GHG Preemption Case

States and environmental groups are detailing their arguments against EPA and the National Highway Traffic Safety Administration’s (NHTSA) rule preempting state vehicle greenhouse gas standards, charging the move exceeds the agencies’ authorities and that their case is bolstered by a pair of recent major Supreme Court rulings.

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