Login

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

Litigation

DOJ ENFORCEMENT NUMBERS TOO RELIANT ON CLINTON CASES, ACTIVISTS SAY

The Department of Justice's (DOJ) recent announcement that it has won more than $4 billion in pollution control settlements in fiscal year 2004 is drawing criticism from environmentalists, who say more than half of that amount stems from two cases that were originally filed -- and in one instance settled -- by the Clinton administration. The critics say DOJ's reliance on "legacy cases" masks a decline in enforcement resulting from Bush administration policies that roll back strict regulatory approaches, particularly against electric utilities.

522 words

68949

DOJ SUIT COULD SIGNAL BROADER USE OF AIR ACT'S CRIMINAL PENALTIES

The Justice Department's (DOJ) high-profile prosecution of a New Jersey pipe manufacturer for alleged criminal violations of the Clean Air Act and other environmental laws could signal broader DOJ use of criminal prosecutions under the air law, industry and government attorneys say.

656 words

68950

LAWSUIT ARGUES TEXAS IGNORED OLD OZONE RULE IN FAVOR OF NEW ONE

Environmentalists are suing EPA and charging the Dallas-Fort Worth area has failed to meet a long-standing requirement for cleaning up ozone pollution, while arguing the agency has muddied the waters by announcing it would revoke this rule during the transition to a new and stricter standard.

733 words

68958

EPA Cites High-Court Tobacco Ruling In Argument Against CO2 Controls

In a recent court filing arguing against carbon dioxide (CO2) emission controls, the Bush administration is citing a Supreme Court decision that found the Food and Drug Administration lacked the authority to regulate tobacco, arguing that EPA's broad statutory mandate does not allow the agency to regulate CO2. An Oct. 12 legal brief, filed by the Department of Justice (DOJ) in International Center for Technology Assessment et al. v. Whitman, asks the U.S.

428 words

7283

JUSTICES QUESTION CONTRIBUTION RIGHTS IN KEY SUPERFUND CASE

Several key U.S. Supreme Court justices appeared skeptical of state and industry claims during Oct. 6 oral arguments in a closely watched cleanup case that federal Superfund law allows companies to sue other parties for cleanup costs in the absence of an EPA or state enforcement order or other "civil action."

902 words

68915

LANDMARK APPELLATE SUIT COULD EXPAND WHISTLEBLOWER PROTECTIONS

A federal appellate court is considering a landmark case that could expand whistleblower protections under federal environmental laws by clarifying whether an "authorized representative" of federal employees is allowed to challenge official retaliation for reporting environmental misconduct.

631 words

68919

DOJ CONCEDES POTENTIAL FLAWS IN EPA'S EFFLUENT TOXICITY TESTING METHOD

Justice Department (DOJ) attorneys appear to be conceding that the test EPA uses to measure the toxicity of industrial and wastewater treatment discharges may not be accurate at low levels of toxicity, according to DOJ testimony Oct. 15 in the U.S. Court of Appeals for the District of Columbia Circuit.

The concession may be significant because it could provide the court with justification to overturn a test the agency uses to determine whether industry discharges exceed allowable toxicity levels and should be subject to enforcement penalties.

815 words

68893

INDUSTRY FEARS RULING ON EPA REMINING RULE CREATES LEGAL LIMBO

A recent federal appeals court decision invalidating an EPA rule easing Clean Water Act (CWA) effluent requirements for companies that remine once-abandoned coal mines leaves the industry in legal limbo because it also criticizes case-by-case permitting that could be required until the agency issues a new rule, an industry source says.

833 words

68896

LANDMARK APPELLATE SUIT COULD EXPAND WHISTLEBLOWER PROTECTIONS

A federal appellate court is considering a landmark case that could expand whistleblower protections under federal environmental laws by clarifying whether an "authorized representative" of federal employees is allowed to challenge official retaliation for the reporting of environmental misconduct.

668 words

68899

KENTUCKY GROUPS SUE EPA OVER LACK OF ANTIDEGRADATION PROGRAM

Several Kentucky environmental groups are suing EPA to force the agency to create regulations aimed at preventing the degradation of waters in the state.

331 words

68900

Pages