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Litigation

RULING MAY BOOST LOCAL OVERSIGHT OF FEDERAL FACILITY CLEANUPS

A recent federal court ruling enjoining EPA from releasing a proposed cleanup plan for a former federal facility until it gives a local government the plan and the data used to support it is a win for municipalities, who have long argued that federal Superfund law entitles them to a greater role in selecting cleanup remedies than EPA has acknowledged, according to observers.

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HIGH COURT URGED TO BACK STATE POWER TO BLOCK FEDERAL WATER PERMITS

More than 30 states are urging the Supreme Court to preserve their long-standing Clean Water Act (CWA) authority to block federal agencies from issuing operating permits for hydropower dams, docks, discharge pipes and other facilities that may pollute state waters.

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LANDMARK OKLAHOMA CAFO LITIGATION FACES SUPREME COURT HURDLE

The state of Oklahoma's efforts to hold concentrated animal feeding operations (CAFOs) liable under federal Superfund law for animal wastes is facing a challenge from its neighboring state of Arkansas, which is asking the Supreme Court to intervene on constitutional grounds.

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ALITO DEFENDS COMMERCE CLAUSE DISSENT AT CORE OF ACTIVIST OPPOSITION

Supreme Court nominee Samuel Alito is defending his controversial dissenting opinion in a case on the scope of Congress' authority to regulate interstate commerce, a dissent environmentalists are citing as a major reason for their opposition to the nominee.

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POLLUTION REPORTING FACES TEST IN SARBANES-OXLEY WHISTLEBLOWER SUITS

Federal courts and administrative review bodies are beginning to consider the scope of protections afforded environmental and other whisteblowers under landmark provisions of the Sarbanes-Oxley law, which tightened corporate disclosure requirements after the Enron and WorldCom accounting scandals.

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Pollution Reporting Faces Test In Sarbanes-Oxley Whistleblower Suits

Federal courts and administrative review bodies are beginning to consider the scope of protections afforded environmental and other whisteblowers under landmark provisions of the Sarbanes-Oxley law, which tightened corporate disclosure requirements after the Enron and WorldCom accounting scandals.

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HOUSE PLAN COULD CURB ENVIRONMENTALISTS' ROLE IN NEPA PROCESS

A House panel's draft recommendations to amend the National Environmental Policy Act (NEPA) would limit national environmental groups' influence during the NEPA process and make it more difficult for citizens to sue the government for alleged violations under the statute, legal observers say.

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HUMAN RIGHTS FINDING ON CLIMATE CHANGE COULD SPUR ACTIVIST LAWSUITS

A recent human rights petition accusing the United States of inaction on global warming could encourage future lawsuits from environmentalists against government agencies or corporations by establishing for the first time an obligation under international law for the United States to address climate change, activists tracking the petition say.

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ACTIVISTS WEIGH LITIGATION OVER AIR TOXICS RULE FOR INCINERATORS

Environmentalists are weighing litigation over EPA's recent rule to reduce air toxic emissions from a category of waste incinerators because they say the emission controls mandated by the rule are not stringent enough. The activists also believe EPA is providing too many exemptions to the rule for a host of industry sectors.

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HOUSE PLAN COULD CURB ENVIRONMENTALISTS' ROLE IN NEPA PROCESS

A House panel's draft recommendations to amend the National Environmental Policy Act (NEPA) would limit national environmental groups' influence during the NEPA process and make it more difficult for citizens to sue the government for alleged violations under the statute, legal observers say.

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