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Litigation

Critics Blast EPA ‘Crusade’ To Stall Obama-Era Landfill Methane Rule

States and environmentalists challenging the Trump EPA’s effort to slow implementation of an Obama-era landfill methane rule are blasting the agency’s long-running “crusade” against the policy and calling EPA’s request for a court to drop a looming deadline to issue a federal compliance plan just the most recent delay tactic.

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EPA inks settlement with another aftermarket parts maker

Officials say they “will not tolerate this abuse of law and will continue to prosecute those responsible for trading in these illegal products.”

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D.C. Circuit scraps long-paused CPP suit as ‘moot’

The court’s decision has long been expected, though it nonetheless ends the lengthy and complicated D.C. Circuit review of litigation over the Clean Power Plan without ever issuing a merits ruling.

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Air Force Says CERCLA Bars New Mexico’s RCRA Suit Over PFAS At Base

Citing a series of provisions in the Superfund law, the Air Force is seeking to dismiss New Mexico’s suit aimed at winning a more rigorous response to its per- and polyfluoroalkyl substances (PFAS) pollution, an effort that highlights the hurdles states face getting federal agencies to clean up their contamination.

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Court Revives Suit Seeking To Narrow CWA Permit Waiver For Agriculture

The U.S. Court of Appeals for the 9th Circuit has reversed a lower court’s dismissal of litigation seeking to require Clean Water Act (CWA) discharge permits for contaminants that flow through agricultural tile drains in California, finding the district court misinterpreted a key word in the law and made other errors in judgment.

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CSAPR Ruling Could Force EPA To Pursue Stricter Interstate Air Policy

EPA could be forced to pursue a stricter policy on reducing interstate transport of air pollution following an adverse appellate ruling that remanded the agency’s Cross-State Air Pollution Rule (CSAPR) emissions transport trading program back to EPA after finding fault with its justification for not pursuing tighter pollution limits.

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D.C. Circuit issues mandate in CERCLA financial rule case

Issuance of the mandate signals that environmentalists will not ask the court to reconsider its ruling allowing EPA to decline issuance of first-time Superfund financial assurance rules for the mining sector.

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GOP-led state group moves to back EPA’s ACE rule

West Virginia is leading a 20-state coalition supporting EPA in litigation over its Affordable Clean Energy (ACE) power plant greenhouse gas rule.

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Justices Slate Arguments In Suit On CERCLA Pre-Enforcement Review Bar

The Supreme Court is slated to hear arguments later this year in a landmark suit over the reach of the Superfund law’s bar on pre-enforcement judicial review, a case in which the Trump administration is backing an oil company’s effort to overturn a landmark Montana high court ruling that found the bar does not extend to state damages claims.

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Judges Back Climate Nuisance Plaintiffs’ Bid For State Court Venues

Colorado municipalities have won a federal district court decision rejecting the oil industry’s bid to move their climate nuisance case to federal court where it would likely be dismissed, with the ruling marking the third-straight victory on the issue for local governments seeking to force industry to pay for climate damages their products caused.

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