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Litigation

Court Confirms EPA Authority To Object To State Emissions Decisions

A recent ruling by a federal appeals court has provided an unusual precedent affirming EPA's authority to second guess permitting decisions by state regulators, if the agency believes the state is improperly failing to require installation of state-of-the-art pollution control technologies on a new facility, according to legal experts.

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Appeals Court Backs Ethanol-Friendly Air Act Interpretation

A recent federal appeals court decision has backed an EPA interpretation of Clean Air Act rules that could provide a long-term benefit to companies seeking to produce ethanol from municipal waste, by lessening the need under some circumstances for facilities to install state-of-the-art pollution control technologies.

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Mexican Truck Suit's Pollution Debate Rattles Trucking Industry

A closely watched air quality lawsuit challenging Mexican-based trucks unfettered access to U.S. highways under the North American Free Trade Agreement (NAFTA) is splitting the trucking industry, with one key organization backing the U.S. government's decision not to study the environmental impacts of the foreign vehicles.

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West Virginia High Court Backs EPA Right To Set Water TMDLs

The West Virginia Supreme Court has overturned a state circuit decision that upheld the state's authority to review and even reject controversial water standards set by EPA, referred to as total maximum daily loads (TMDLs).

Industry lawyers had praised the circuit court decision, saying that it may have implications in other states where EPA is developing TMDLs. These sources explain that other states may challenge EPA's TMDLs in court, and although the West Virginia decision is not binding on other state courts, judges may look to this case for guidance.

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