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Litigation

HOUSE PANEL EYES SUGGESTIONS TO ADDRESS CONFLICTING NEPA RULINGS

A House task force developing recommendations to amend the National Environmental Policy Act (NEPA) could target recent court rulings that a Republican aide says are inconsistent.

Environmentalists say two decisions the task force may target have eased activists' ability to challenge the government for failing to apply NEPA to timber sales and climate change.

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INDUSTRY GROUP ISSUES PROPOSAL TO SUE AGENCIES UNDER PAPERWORK ACT

An industry-funded group is recommending that the Paperwork Reduction Act (PRA) be revised to make it easier for outside parties to hold EPA and other federal agencies accountable under the law, including suggestions for new legislation allowing judicial review of decisions under the act, according to a new proposal issued by the group.

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INDUSTRY GROUP ISSUES PROPOSAL TO SUE AGENCIES UNDER PAPERWORK ACT

An industry-funded group is recommending that the Paperwork Reduction Act (PRA) be revised to make it easier for outside parties to hold EPA and other federal agencies accountable under the law, including suggestions for new legislation allowing judicial review of decisions under the act, according to a new proposal issued by the group.

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HOUSE PANEL EYES SUGGESTIONS TO ADDRESS CONFLICTING NEPA RULINGS

A House task force developing recommendations to amend the National Environmental Policy Act (NEPA) could target recent court rulings that a Republican aide says are inconsistent.

Environmentalists say two decisions the task force may target have eased activists' ability to challenge the government for failing to apply NEPA to timber sales and climate change.

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EPA URGES COURT TO DENY REHEARING OF WHOLE EFFLUENT TOXICITY CASE

EPA is urging a federal appeals court to deny a petition from municipalities and industry to reconsider a case involving toxicity-based permitting, saying the decision by the U.S. Court of Appeals for the 6th Circuit presents no conflict with other courts and does not "involve a questions of exceptional importance," as the petitioners claim.

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WARMING RULING COULD HAVE BROAD IMPACT ON ENVIRONMENTAL TORT SUITS

A federal judge's decision last month dismissing a landmark climate change lawsuit because it represented a "political question" could undermine a host of toxic tort claims that courts consider to be political issues, including pending cases addressing contamination caused by the fuel additive methyl tertiary butyl ether (MTBE), environmentalists and some legal experts say.

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INDUSTRY GROUP ISSUES PROPOSAL TO SUE AGENCIES UNDER PAPERWORK ACT

An industry-funded group is recommending that the Paperwork Reduction Act (PRA) be revised to make it easier for outside parties to hold EPA and other federal agencies accountable under the law, including suggestions for new legislation allowing judicial review of decisions under the act, according to a new proposal issued by the group.

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RULING COULD BOOST CASE FOR PESTICIDE SPRAYING WITHOUT WATER PERMITS

A recent federal appellate decision allowing spraying of non-toxic pesticides to control waterborne pests without Clean Water Act (CWA) permits could boost pesticide applicators' claims that such permits are not needed for a host of similar spraying nationwide, according to pesticide industry and state sources.

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KEY SUPREME COURT DECISION SEEN AFFECTING CITIZEN SUIT POWER

Environmentalists and industry groups are taking unusual notice of a disability-rights case in the state's highest court, because the ruling is expected to affect a powerful component of several environmental cases currently pending appeal across the state. The component is the state's unfair competition law (UCL), which was largely struck down by Proposition 64 in 2004. The UCL was commonly used by environmental groups as a major cause of action against alleged polluters because it was powerfully broad.

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RULING COULD BOOST CASE FOR PESTICIDE SPRAYING WITHOUT WATER PERMITS

A recent federal appellate decision allowing spraying of non-toxic pesticides to control waterborne pests without Clean Water Act (CWA) permits could boost pesticide applicators' claims that such permits are not needed for a host of similar spraying nationwide, according to pesticide industry and state sources.

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