Login

Forgot password?
Sign up today and your first download is free.
REGISTER

Litigation

RULING MAY PROMPT ACTIVIST LAWSUITS SEEKING NSR LIMITS IN AIR PERMITS

A federal court decision may prompt environmental groups to file lawsuits challenging clean air operating permits for power plants that allegedly violated new source review (NSR) requirements, potentially creating a new avenue for NSR litigation beyond enforcement challenges.

At the same time, industry officials say the decision rests on shaky ground and is unlikely to set any precedent.

1044 words

74918

DHS AUTHORITY TO WAIVE ENVIRONMENTAL LAWS FACES FIRST-TIME COURT FIGHT

The Department of Homeland Security's (DHS) new authority to waive environmental laws such as the Clean Air Act and other laws that interfere with immigration-related projects is the subject of a first-time court battle, as activists are objecting to the constitutionality of the unprecedented authority in urging a federal court not to reject their lawsuit challenging a border project in San Diego.

703 words

74890

ACTIVISTS PUSH REFINERY SUIT TO WIN CONTROLS BEYOND EPA SETTLEMENT

Environmentalists plan to pursue a lawsuit against a Louisiana refinery in order to require additional controls on flaring beyond requirements in a recent EPA proposed consent decree, claiming the agency's pact with the company does not block activists from requesting additional pollution reductions.

The environmentalists hope their citizen suit against Chalmette Refining could result in what may be a first-time court order for a refinery to reduce emissions from flaring, which is the burning of excess gases.

970 words

74891

STATE CLIMATE PLAN CRITICS FACE PARADOX OVER PREEMPTION ARGUMENTS

Industry and administration arguments that the federal government can preempt state climate change programs may face tough legal challenges from states and their supporters in several pending suits, legal scholars and environmentalists say, because the government and industry are simultaneously arguing that the federal government lacks authority to regulate carbon dioxide (CO2) and other greenhouse gases.

These sources say it is disingenuous for the government and industry to claim that states are not allowed to do something the federal government will not address itself.

890 words

74898

POTENTIAL NSR LAWSUIT WOULD QUESTION POWER PLANT CO-OWNERS' ROLE

Environmentalists may file a lawsuit that could reopen past litigation over a power company's business relationship with separate company that may have violated new source review (NSR) regulations.

746 words

74899

RULING MAY PROMPT ACTIVIST LAWSUITS SEEKING NSR LIMITS IN AIR PERMITS

A federal court decision may prompt environmental groups to file lawsuits challenging clean air operating permits for power plants that allegedly violated new source review (NSR) requirements, potentially creating a new avenue for NSR litigation beyond enforcement challenges.

At the same time, industry officials say the decision rests on shaky ground and is unlikely to set any precedent.

1075 words

74900

Alito Record Shows Mixed Rulings On Environmental Laws

Judge Samuel Alito, in his 15 years sitting on the U.S. Court of Appeals for the 3rd Circuit, has ruled against both activists and industry in various environment-related cases, but legal experts and a key Republican senator say his judicial philosophy on hot-button constitutional issues and interpretations of federal environmental laws remain unclear.

1055 words

9037

GOP 'AGENDA' ON ENVIRONMENT SUITS CITED TO FIGHT 9TH CIRCUIT BILLS

Republican-led legislative efforts to split the U.S. Court of Appeals for the 9th Circuit -- which hears many environmental cases and often sides with activists -- are facing opposition from public interest groups, who allege the real agenda behind the effort is to reduce their chances of winning the environmental lawsuits they often file in that circuit.

876 words

74872

PERCHLORATE SUIT PROMPTS INHOFE QUERIES OVER LIMITS OF AVIALL RULING

RULING

A pending industry suit seeking contributions from the U.S. government for perchlorate contamination is prompting questions from Senate environment committee chairman James Inhofe (R-OK) over limits on plaintiffs' ability to pursue contribution claims following the Supreme Court's Aviall ruling, according to a congressional letter released last week.

1389 words

74879

LAWSUIT SIGNALS FAILED CONSENSUS ON SONAR IMPACTS TO MARINE MAMMALS

A recent environmentalists' lawsuit challenging the Navy's use of mid-frequency sonar highlights the breakdown of a federal advisory panel's effort to agree on what harm man-made sound may be causing marine mammals and to develop mitigation measures for addressing that harm.

891 words

74880

Pages