Login

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

Litigation

RULING BOOSTS EPA AUTHORITY TO DECIDE SCOPE OF STORMWATER RULES

A recent federal appellate court's dismissal of an oil and gas industry lawsuit seeking exemptions from EPA stormwater rules will likely boost the agency's authority to decide how the rules should apply to that sector, observers say.

The U.S. Court of Appeals for the 5th Circuit on June 16 dismissed an industry challenge to EPA's phase II stormwater rule, which requires parties disturbing between one and five acres of land when constructing their drilling sites to obtain stormwater discharge permits under the Clean Water Act (CWA).

978 words

72965

Mixed NSR Court Ruling Sparks Debate Over Enforcement Implications

The U.S. Court of Appeals for the District of Columbia Circuit on June 24 upheld significant portions of EPA's controversial new source review (NSR) rules issued in 2002, while entirely rejecting two revisions to the rules intended to provide more flexibility for industry to upgrade plants without requiring new pollution controls.

1101 words

8404

RECENT NSR RULINGS SHIFT FOCUS TO DC CIRCUIT IN DEFINING EMISSION TESTS

The utility industry is redoubling efforts to convince the Washington, DC, federal appeals court that EPA exceeded its authority in targeting emission increases under its new source review (NSR) enforcement program, citing a series of recent rulings by other courts that may make the DC Circuit's views crucial to the future of the pending litigation, attorneys say.

1094 words

72909

LANDMARK APPELLATE RULING MAY LIMIT FOREIGN REACH OF SUPERFUND

A recent federal appellate decision rejecting a Superfund suit by Philippine citizens may limit efforts to apply the law extraterritorially, including a key lawsuit over transboundary Canadian mining waste presently before the same court, according to legal observers.

However, other sources say the facts of the two cases are different enough that the ruling's impact on the Canadian case could be limited.

842 words

72914

STORMWATER RULING MAY SPUR FARM INDUSTRY TO APPEAL CAFO DECISION

The agriculture industry may push for Supreme Court review of an appellate ruling requiring that animal feedlot nutrient management plans be subject to public review, in the wake of a conflicting appellate decision last week exempting similar plans for stormwater pollution from public review, sources say.

845 words

72919

Lead Paint Suit Challenges Use Of Private Lawyers In State Enforcement Cases

A lead paint suit pending before the Rhode Island Supreme Court is presenting industry with a unique opportunity to explicitly challenge the controversial use of outside law firms by state attorneys general, industry lawyers say.

The appeal comes as state attorneys general are increasingly turning to private lawyers operating on a contingency basis to pursue claims against industry for a host of environmental issues.

752 words

8374

STATE STANDARDS, DUE PROCESS DISPUTED IN SAN DIEGO SEDIMENT CLEANUP

A $96-million sediment cleanup in San Diego Bay has been stalled by attorneys representing shipyards charged with the cleanup, amid allegations that the San Diego regional water board deprived industry of due process in developing the plan. The cleanup's scope and size has drawn the attention of environmental and industry groups, which have said regulatory actions in this case might set a precedent for future state and federal cleanups.

755 words

72829

CIRCUIT COURT REJECTS ADMINISTRATION CLAIMS ABOUT FOIA EXEMPTIONS

A federal circuit court has rejected the Bush administration's arguments for denying public access to internal policy memos, in a case that environmentalists say could have a chilling effect on efforts by EPA and other federal agencies to restrict access to documents under the deliberative process provision of the Freedom of Information Act (FOIA).

790 words

72837

DRUG RULING MAY THWART BIDS TO LIMIT ENVIRONMENT LAWS' REACH

The Supreme Court's recent decision allowing federal prosecution of medical marijuana users under the Commerce Clause could prevent states' rights proponents from limiting EPA and other agencies' regulation of activities with only intrastate impacts, such as development and toxic releases affecting isolated waterbodies and intrastate species, environmentalist and industry attorneys say.

1261 words

72838

LEAD PAINT SUIT ALLOWS INDUSTRY TO FIGHT STATE USE OF OUTSIDE LAWYERS

A lead paint suit pending before the Rhode Island Supreme Court is presenting industry with a unique opportunity to explicitly challenge the controversial use of outside law firms by state attorneys general, industry lawyers say.

The appeal comes as state attorneys general are increasingly turning to private lawyers operating on a contingency basis to pursue claims against industry for a host of environmental issues.

768 words

72839

Pages