Login

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

Litigation

Environmentalists Say Georgia Power Case May Spur Tougher Particulate Controls

Environmentalists say a recent court ruling highlights their ability to use citizen suits as a tool to force utilities to reduce particulate matter (PM) emissions, underscoring a possible strategy by environmentalists for seeking emission cuts beyond the pending requirements under EPA's new nonattainment designations for fine particles.

627 words

7615

Court Grants EPA Limited Constitutional Immunity In Wastewater Investigation

A federal appellate court has rejected a broad argument by EPA enforcement agents that could have made it easier for federal and state inspectors to gather wastewater samples at permitted facilities.

Instead, the court granted the agents so-called qualified immunity on narrow, fact-specific grounds to protect the agents from charges that their wastewater sampling efforts violated the facility and its owner's Fourth Amendment protections against unreasonable searches.

566 words

7618

EPA AGREES TO LIMIT ENFORCEMENT OVER BUILDERS' STORMWATER PERMITS

EPA has decided to limit its enforcement against developers who fail to install stormwater runoff prevention requirements at construction sites before they are covered by the agency's new general permit for stormwater at construction sites.

650 words

70118

INDUSTRY EYES NEW COURT INTERPRETATIONS TO BLUNT IMPACT OF AVIALL RULING

RULING

Industry lawyers are hoping appellate courts will be forced to re-evaluate their long-standing rejection of a key Superfund provision to recover cleanup costs after the Supreme Court's landmark Aviall ruling limited parties' ability to sue under a more widely used portion of the law, attorneys said during a recent teleconference on the issue.

1354 words

70126

OEHHA DEHP LIMIT RENEWS DEBATE OVER MEDICAL DEVICE RISK, LIABILITY

A proposed health hazard office exposure limit for the medical device chemical di(2-ethylhexyl)phthalate (DEHP) is drawing criticism from stakeholders, including medical organizations that argue the limit will force California-only warnings that may conflict with federal requirements and unnecessarily alarm patients. The proposal would establish under Proposition 65 a first-time maximum allowable daily level (MADL) for DEHP for reproductive toxicity through intravenous injection of 4,200 micrograms per day.

619 words

70134

Agreement For Controlling DC Sewer Overflows Seen As National Model

An attorney for the District of Columbia Water and Sewer Authority (WASA) says a recent legal agreement with EPA could serve as a model for other municipal sewer agencies on how to avoid skyrocketing costs for controlling rainwater overflows. The agreement will allow WASA to petition EPA to revise construction plans in response to economic and market fluctuations.

278 words

7614

EPA Agrees To Limit Enforcement Over Builders' Stormwater Permits

EPA has decided to limit its enforcement against developers that fail to install stormwater runoff prevention requirements at construction sites before they are covered by the agency's new general permit for stormwater at construction sites.

711 words

7595

EPA Effluent Guidelines Could Face New Consent Decree With Activists

EPA may face a new consent decree with activists over how to operate its effluent limitation guidelines (ELG) program, due to a range of ongoing concerns from the environmental community.

The possibility of a new agreement comes after a previous consent decree that governed the agency program from 1992 until 2004. Since then, EPA has begun shifting staff from the ELG program to the water quality standards and other agency programs.

845 words

7588

EPA Air Toxics Program Faces Key Legal Test On Risk-Based Exemption

EPA's air toxics program is facing a key test over the legality of its controversial risk-based exemptions, with observers expecting continued controversy if the agency expands its use of an approach exempting some industrial sources from stringent requirements for installing costly pollution control technologies.

1138 words

7589

INDUSTRY CITES EPA BRIEF IN PUSH FOR COURT DENIAL OF OIL SPILL RULE

The petroleum industry is citing EPA's own arguments in federal court to prove its case that a recent oil spill prevention rule should be revised because the agency did not fully consider a key Supreme Court ruling before adopting a broad definition of waters subject to new requirements.

677 words

70079

Pages