Litigation

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.

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."

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.

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.