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Litigation

EPA Joins Calls For FERC To More Closely Scrutinize Amended Pipeline

EPA Region 3 is joining environmentalists and state officials in urging the Federal Energy Regulatory Commission (FERC) to more closely scrutinize the environmental effects of a developer’s plan to bifurcate a proposed natural gas pipeline in the Mid-Atlantic region.

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High Court’s Narrow ‘Deference’ Standard May Limit EPA Policy Reversals

The Supreme Court’s June 2019 decision curtailing judicial deference to agencies’ regulatory interpretations could make EPA’s efforts to reverse prior policies through new guidance vulnerable to court challenges because judges read it as bolstering limits on “unfair surprise” to stakeholders, attorneys say.

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Pandemic slows suit over state vehicle GHG programs

Opponents of the administration’s September rule preempting state vehicle greenhouse gas programs are seeking at least a 21-day extension of a proposed deadline for their opening briefs, due to the coronavirus pandemic.

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Refiners, Barrasso Urge 10th Circuit Rehearing Of RFS Waivers Ruling

The refining sector, backed by the state of Wyoming and Senate environment committee Chairman John Barrasso (R-WY), is urging a federal appeals court to grant rehearing of its landmark decision striking down compliance waivers granted to small refiners for renewable fuel standard (RFS) biofuel blending obligations.

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Environmentalists threaten to sue EPA over Denver ozone SIP

Environmental groups are threatening to sue EPA over its failure to approve plans from Colorado to cut ozone in the Denver region.

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EPA Defends ‘Special Case’ CWA Exclusion From Legal Challenges

EPA is urging a federal district court to find that it properly excluded 1,365 acres of salt ponds adjacent to San Francisco Bay from Clean Water Act (CWA) jurisdiction, one of the rare cases where EPA has invoked its “special case” authority allowing it, rather than the Army Corps of Engineers, to make the final CWA jurisdictional determination.

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UARG attorneys join new law firm

Three attorneys that represented the now-defunct Utility Air Regulatory Group are leaving the law firm that had long represented the group, and they are joining the firm McGuireWoods.

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Court Allows Air Force’s Landmark Challenge To New Mexico’s PFAS Permit

A federal district court has ruled the Air Force can move forward with its landmark case challenging New Mexico’s regulation of per- and polyfluoroalkyl substances (PFAS) in a hazardous waste permit for a base, bolstering the military’s precedent-setting attempt to limit states’ PFAS authorities over cleanup of the emerging contaminants.

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EPA, Sierra Club Defend Injunctive Relief In Key NSR Air Permit Appeal

EPA and environmentalists in new legal briefs are defending a federal district court’s requirement that electric utility Ameren Missouri install tougher emissions controls on two power plants, in an appeal testing the limits of EPA’s enforcement authority under the new source review (NSR) air permit program.

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Chemours left to arbitrate fraudulent claims against DuPont

A Delaware state court ruled March 30 that it lacks jurisdiction to oversee the legal challenge.

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