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Litigation

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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Duke challenges North Carolina’s coal ash excavation order

Duke Energy is asking an administrative review office to block the state’s mandate for it to remove previously-disposed coal ash from six former power plants.

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Environmentalists’ suit seeks ozone NAAQS attainment findings

Two environmental groups are seeking a court-ordered deadline for EPA to decide on whether several areas of the country have taken steps to attain the agency’s 2008 ozone standard.

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EPA Seeks OMB Approval Of Ash Rule Revisions Following Adverse Ruling

EPA has sent for White House pre-publication review its second round of revisions to the Obama-era waste rule governing coal ash, a proposal that will establish a first-time nationwide ash permit program and potentially respond to an adverse court ruling that found several provisions of the 2015 rule too weak.

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Colorado environmentalists sue oil & gas drillers over permit dispute

WildEarth Guardians argues that oil and gas companies have unlawfully begun operations without going through the permitting process during a 90-day “grace period.”

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Former Obama EPA Adviser Offers Blueprint for Post-2020 Climate Agenda

A new climate change policy blueprint from a top former Obama EPA official prioritizes a post-2020 push on cap-and-trade legislation for power plants and various industrial sectors over new Clean Air Act regulations, while recommending other administrative and legislative policies for an “ambitious but achievable” agenda.

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Former Obama EPA Adviser Offers Blueprint For Post-2020 Climate Agenda

A new climate change policy blueprint from a top former Obama EPA official prioritizes a post-2020 push on cap-and-trade legislation for power plants and various industrial sectors over new Clean Air Act regulations, while recommending other administrative and legislative policies for an “ambitious but achievable” agenda.

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Judges Raise Procedural Doubts About Biofuel Sector’s RFS Waiver Suit

Appellate court judges May 7 raised doubts about the procedural posture of biofuels producers’ legal challenge to EPA’s retroactive issuance of renewable fuel standard (RFS) compliance waivers to refining companies as they questioned whether there is a specific “final” agency policy at issue.

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Oregon rejects CWA 401 certification for proposed LNG facility

The state accelerated its decision due to uncertainty over its deadline and before EPA limits states' authority in response to a recent White House executive order.

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Environmentalists press for upstream GHG review in FERC suit

Groups that are advancing one of a suite of court challenges to FERC’s gas infrastructure approvals argue the panel is “false” when it claims pipelines will not cause development of gas reserves.

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