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Litigation

Alliance Seeks To Back New Hampshire’s Challenge To PFAS Rule Injunction

Environmentalists are seeking to intervene in state court litigation that threatens to stall New Hampshire’s landmark drinking water and groundwater standards for four per- and polyfluoroalkyl substances (PFAS), with the advocates attempting to bolster the state’s case to permit the rules to remain in effect during interlocutory appeal.

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NRDC Seeks Speedy Ruling On Vehicle GHG Model, Citing OMB Review

Environmentalists are urging an appellate court to rule quickly in their already expedited case seeking release of an EPA computer model they hope will show that current vehicle greenhouse gas rules are lower than the administration claims, citing the formal start of the White House’s review of rules rolling back the current standards.

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Sierra Club Urges High Court To Deny Review Of Cooling Water FOIA Ruling

The Sierra Club is urging the Supreme Court to deny a petition from the Fish and Wildlife Service and National Marine Fisheries Service to overturn an appellate ruling ordering the services to release draft documents on the development of EPA’s 2014 cooling water intake rule, rejecting the agencies’ claim that it conflicts with other rulings.

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9th Circuit ‘Reluctantly’ Scraps Youth Case Seeking Federal Climate Plan

A divided appellate court panel is “reluctantly” dismissing youth plaintiffs’ litigation seeking to force the federal government to develop a plan significantly limiting carbon emissions that cause climate change, finding that the plaintiffs’ “impressive case for redress must be presented to the political branches of government.”

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Judge Rejects PFAS Monitoring Case Over Lack Of ‘Hazardous’ Designation

A federal judge has granted the Navy’s request to dismiss a landmark citizen suit seeking payment for medical monitoring to detect health concerns that may develop after exposure to per- and polyfluoroalkyl substances (PFAS), finding that regulators’ failure to designate the chemicals as “hazardous substances” precluded the plaintiffs from filing suit under state law.

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Judges Doubt EPA Bid To Downplay Ozone Ruling’s Impact In Petition Suit

Appellate judges at Jan. 16 oral argument appeared skeptical of EPA’s attempt to downplay the impact of a 2019 ruling faulting its interstate emissions policy in separate litigation two states are pursuing over the agency’s denial of Clean Air Act petitions urging the agency to directly regulate air pollution from sources in upwind states.

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New York, Connecticut Sue EPA Seeking Plans To Reduce Interstate Ozone

New York and Connecticut are suing EPA in an attempt to force agency-crafted plans for reducing interstate transport of ozone-forming pollutants from sources in upwind states, the latest step in a growing number of lawsuits over EPA’s interstate air policy that includes challenges to denials of petitions seeking upwind air pollution cuts.

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Michigan sues PFAS manufacturers for contamination damages

The state is suing manufacturers of per- and polyfluoroalkyl substances (PFAS), joining a handful of other states in seeking damages and injury allegedly caused by contamination from the substances.

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D.C. Circuit Poised To Hear States’ Suit Over EPA Ozone Petition Denials

The U.S. Court of Appeals for the District of Columbia Circuit is poised to hear Jan. 16 oral argument in East Coast states’ suit challenging EPA’s rejection of their petitions seeking direct federal regulation of out-of-state air pollution sources, even as the agency is scrambling to revise its interstate air policy following losses in related D.C. Circuit cases.

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New York, Environmentalists Attack EPA Basis For Ozone Petition Denials

New York and New Jersey, backed by environmental groups, are attacking in new appellate court filings EPA’s basis for rejecting the Empire State’s petition seeking direct federal regulation of out-of-state air pollution sources, echoing claims by Maryland and Delaware in a similar suit that the same court will hear on Jan. 16.

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