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Litigation

Environmentalists Resist EPA's Court Bid To Kill Controversial TMDL Theory

Environmentalists are seeking to preserve a lower court ruling that upheld the controversial judicial doctrine that requires EPA to develop cleanup plans for impaired waters when states decline to act, pushing back on a recent Justice Department (DOJ) effort to kill the doctrine or at least limit its reach.

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On Eve Of Hearing, EPA, NGOs Spar Over Standing To Challenge TSCA Rule

On the eve of a key appellate hearing, EPA and environmentalists are sparring over the groups' standing to challenge one of EPA's framework rules for implementing the Toxic Substances Control Act (TSCA), responding to a court order that asks the parties to address the issue in the upcoming oral arguments.

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Environmentalists to appeal adverse pipeline NEPA ruling

A local environmental group says it will seek rehearing of the D.C. Circuit’s decision to scrap its case on standing grounds, charging the decision is “erroneous.”

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High court denies review of ruling upholding Oregon LCFS

The high court’s order means that 9th Circuit rulings upholding both the Oregon and California LCFS regulatory programs stand.

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EPA Says States Cannot Sue Over Ozone Designations On Citizens’ Behalf

EPA is arguing that states lack standing for their litigation challenging the agency’s designations for which areas of the country are attaining federal ozone standards because they cannot contest the findings on behalf of their citizens, the latest attempt by EPA to fend off states’ lawsuits by arguing that they lack the necessary standing to sue.

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EPA Loss On Landfill Suit Standing Claim Boosts Role Of High Court Ruling

EPA’s recent failure to limit the ability of states to sue over the agency’s slow implementation of Obama-era landfill methane rule could raise the importance of the Supreme Court’s landmark Massachusetts v. EPA ruling that gave states “special solicitude” to bring climate suits, given that many Trump administration climate rollbacks will soon wind up in court.

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EPA faces increasing pressure to halt ‘small’ refiner RFS waivers

House lawmakers are urging EPA to stop granting renewable fuel standard waivers to refiners, while biofuels producers are asking a federal appeals court to bar issuance of any new waivers.

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Despite Settlement Talks, County Presses Supreme Court Groundwater Suit

The county of Maui, HI, is urging the Supreme Court to block Clean Water Act (CWA) liability and permit mandates for pollution that travels through groundwater to surface waters, even as elected officials there are debating whether to settle the case in order to avoid a ruling that would limit EPA and state regulators’ CWA authority nationwide.

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CBD urges 9th Circuit to limit CRA repeals based on laws’ timing

The environmental group says the Congressional Review Act should be limited to repealing rules authorized by laws passed before the CRA itself was enacted in 1996.

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Court Rejects Key Pipeline GHG Suit But NEPA Policy Remains Vulnerable

A federal court has dismissed on standing grounds a challenge to the Federal Energy Regulatory Commission’s (FERC) climate review of a New York natural gas pipeline approval, effectively upholding for the first time FERC’s narrow review policy though sources say the approach remains vulnerable in a pending case over a Tennessee pipeline.

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