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Litigation

STATE MONITORING REQUIREMENTS PRESERVED PENDING NEW EPA AIR RULE

U.S. EPA will propose a new rule restricting states' ability to require monitoring in clean air permits after a federal court rejected an existing rule on procedural grounds, although states in the interim can continue imposing the industry-opposed monitoring requirements.

The court decision is the latest in a long-running battle over whether states have discretion to impose new monitoring, beyond what is mandated in specific air requirements.

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74615

LAW MAY RESOLVE PESTICIDE FEE LEGAL FIGHTS, DISPUTE OVER GENERICS

A new law may help the pesticides department patch up several pending lawsuits and ongoing enforcement actions against companies over alleged failure to pay mill assessments, a department spokesman said. The bill also may benefit the environment by paving the way for increased use of generic household pesticide products, according to an industry source.

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74618

WRCB MEMO FAILS TO END CONFUSION OVER AQUATIC PESTICIDE SPRAYING

Confusion over how to interpret a recent federal court decision about aquatic pesticide applications remains even after the release last week of a water board memo clarifying when permits must accompany discharges of the pesticides, a local government attorney said. Aquatic pesticides are commonly used to keep irrigation ditches free of weeds and to kill unwanted fish.

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74619

LEGAL THREAT, ARB CONCERNS FAIL TO HALT SOUTH COAST RAILROAD RULE

Despite near certainty that they will be sued, South Coast air district board members have approved a rule requiring railroads to conduct health risk assessments at their facilities in the face of strong opposition from the industry and lingering concerns raised by state air board officials. The rule is the first of several measures planned by the district to force railroads to measure and mitigate their pollution, and represents another battle in a longstanding but mostly ineffective offensive by the district against the industry.

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74629

Court Ruling Preserves State Air Monitoring Until New EPA Rule

EPA will propose a new rule restricting states' ability to require monitoring in clean air permits after a federal court rejected an existing rule on procedural grounds, although states in the interim can continue imposing the industry-opposed monitoring requirements.

The court decision is the latest in a long-running battle over whether states have discretion to impose new monitoring, beyond what is mandated in specific air requirements.

521 words

8924

EPA PLAN TO WAIVE ASBESTOS RULES COULD PROMPT CLASS ACTION SUITS

Former EPA and other federal attorneys say agency officials could face class action lawsuits similar to those filed after the Sept. 11 attacks if the agency proceeds with plans to waive Clean Air Act rules limiting emissions of asbestos to ease disposal of hurricane-related debris.

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TRIAL LAWYERS WEIGH ENVIRONMENTAL TORT CLAIMS IN HURRICANE AFTERMATH

Plaintiffs' attorneys are considering legal theories for bringing class-action litigation against oil and chemical companies for contamination and other environmental impacts associated with the recent Gulf Coast hurricanes, which would add to a growing number of environmental lawsuits already filed in the aftermath of Katrina and Rita, according to legal and industry sources.

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74575

STATE, TRIBE SEEK TO ADD NRD CLAIMS IN LANDMARK CROSS-BORDER SUIT

The state of Washington and a northwestern Indian tribe are seeking to add cost recovery and natural resource damage (NRD) claims to an unprecedented lawsuit alleging a Canadian mining company is liable under Superfund for cross-boundary contamination that reached a Washington state lake.

In addition, the tribe -- the Confederated Tribes of the Colville Reservation -- is considering separate claims under the citizen suit provisions of the Resource Conservation & Recovery Act (RCRA), possibly opening up a new legal strategy in the closely followed case.

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74583

TRIAL LAWYERS WEIGH ENVIRONMENTAL TORT CLAIMS IN HURRICANE AFTERMATH

Plaintiffs' attorneys are considering legal theories for bringing class-action litigation against oil and chemical companies for contamination and other environmental impacts associated with the recent Gulf Coast hurricanes, which would add to a growing number of environmental lawsuits already filed in the aftermath of Katrina and Rita, according to legal and industry sources.

904 words

74535

COURT REJECTS ACTIVISTS' BID TO BAR EXTENSIONS OF EXPIRED WATER PERMITS

A federal district court has shot down a novel argument by environmentalists that called for the court to overturn a long-standing EPA regulation that allows dischargers to continue operating under expired clean water permits if the discharger has applied to renew the permit.

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