Login

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

Litigation

ENVIRONMENTALISTS EYE RENEWED LITIGATION OVER WASTE INCINERATOR RULE

Environmentalists are considering fresh legal action against EPA arguing that a proposed air regulation for a category of waste incinerators falls far short of a court-ordered agreement.

Earthjustice and Sierra Club say they may go back to court under the existing consent decree, or file a new lawsuit, to try and force a more stringent standard should EPA finalize what they consider a weak maximum achievable control technology (MACT) requirements for the last remaining category of hazardous waste incinerators to be regulated by the agency's air toxics program.

388 words

69890

CRITICS DOUBT DOE VOW TO APPLY CERCLA RULES AT ACCELERATED CLEANUPS

The Energy Department's (DOE) recent commitment to use nine Superfund factors to determine cleanup levels at its sites slated for accelerated cleanup is drawing skepticism from state and tribal officials and other DOE critics, who say the commitment is too vague and does not bind DOE to follow strict cleanup requirements.

The new DOE plan, which comes after years of criticisms from EPA, states and other critics, follows recent complaints from some DOE site managers that the accelerated cleanup program was failing.

1225 words

69896

FEDERAL COURT REJECTS NOVEL LEGAL CHALLENGE TO SUPERFUND REMEDY

A federal court has rejected a novel legal challenge to a controversial plan backed by EPA that would allow a trust of liable parties to discharge radioactive water from a Superfund site into a local sewer system, concluding that the challenge violates Superfund's bar on judicial review of cleanup decisions.

581 words

69905

HILL FIX EYED AFTER SUPREME COURT RULING LIMITS VOLUNTARY CLEANUPS

Industry and local government sources say they will push Congress to amend the Superfund law after the Supreme Court ruled that polluters voluntarily remediating Superfund and other contaminated sites must first obtain a judicial settlement or court order before suing other responsible parties to recover cleanup costs.

1541 words

69907

STATE COURT RULES AGAINST COST CONSIDERATION IN STORMWATER PERMITS

Developers may appeal a landmark California appellate decision that could be the first in the nation to excuse a state from considering cost when setting permit limits for stormwater runoff, attorneys familiar with the case say.

Attorneys representing developers say the decision could force industry to install costly technology to meet strict California water quality standards governing stormwater runoff -- instead of relying on best management practices (BMPs) used in the past that may or may not have ensured compliance with the standards.

752 words

69848

HILL FIX EYED AFTER SUPREME COURT RULING LIMITS VOLUNTARY CLEANUPS

Industry and local government sources say they will push Congress to amend the Superfund law after the Supreme Court ruled that polluters voluntarily remediating Superfund and other contaminated sites must first obtain a judicial settlement or court order before suing other responsible parties to recover cleanup costs.

1541 words

69859

CRITICS SAY AUTOMAKER SUIT OVER CALIFORNIA CLIMATE RULE PREMATURE

California state officials and environmentalist attorneys say the lawsuit filed last week by the auto industry to overturn the state's greenhouse gas auto regulation is aimed at slowing momentum behind the adoption of similar rules elsewhere, and is an effort to "make people nervous" in California and other states. They add that the suit is almost certain to be dismissed because it was filed while the rule is not yet final.

1089 words

69831

DOJ SEEKS REVERSAL OF OPEN RECORD RULES FOR SOME ADVISORY PANELS

The Department of Justice (DOJ) is asking the full U.S. Court of Appeals for the District of Columbia Circuit to reverse an earlier ruling that applied the open record requirements of the Federal Advisory Committee Act (FACA) to executive branch task forces that informally included non-governmental members. Oral arguments are scheduled for Jan. 27 in the case, which is on remand from the Supreme Court.

1109 words

69832

GROUPS EYE NEW LAWSUIT OVER HAZARDOUS WASTE INCINERATORS RULE

Environmentalists are considering fresh legal action against EPA because they say the agency's proposed rule for the last remaining category of waste incinerators falls far short of what a court-ordered agreement requires.

Earthjustice and Sierra Club say they may go back to court under the existing consent decree to try and force a more stringent proposal or file a new lawsuit, should EPA finalize what they consider a weak maximum achievable control technology (MACT) for the last remaining category of hazardous waste incinerators.

390 words

69837

Environmentalists Eye Renewed Litigation Over Waste Incinerator Rule

Environmentalists are considering fresh legal action against EPA arguing that a proposed air regulation for a category of waste incinerators falls far short of a court-ordered agreement.

378 words

7534

Pages