Login

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

Litigation

Industry Urges EPA To Narrow Scope Of New Civil Rights Guidance

Industry officials are calling on EPA to revise its new civil rights guidance that they say could create additional hurdles for permitting industrial plants, arguing that a recent Supreme Court ruling rejects EPA's broad interpretation of the Civil Rights Act.

801 words

8058

INDUSTRY EYES PAST HIGH COURT FOIA RULING IN PUSH FOR DATA ACT REVIEW

Industry attorneys are arguing that a 1979 Supreme Court ruling could help convince an appellate court that industry has the right to sue EPA and other government agencies under the Information Quality Act (IQA) even though the law is silent on the issue.

The industry also plans to cite in the litigation -- Salt Institute and U.S. Chamber of Commerce v. Tommy Thompson -- legislative language suggesting that it was Congress' intent to grant judicial review of agency decisions on corrections sought to government-disseminated information.

877 words

71677

NEW JERSEY TO ISSUE RULES SETTLING INDUSTRY SUIT OVER NRD CAMPAIGN

The state of New Jersey will issue a series of regulations associated with its unprecedented natural resource damages (NRD) enforcement campaign in exchange for industry dropping a legal challenge to the initiative, according to a recent state document obtained by Superfund Report.

State officials and industry have closely watched the campaign, which the state's Department of Environmental Protection (DEP) announced in 2003, with industry fearing that other states could launch similar efforts.

509 words

71691

INDUSTRY MAY SEEK TO ADDRESS AVIALL CONCERNS IN ILLINOIS SUPERFUND BILL

SUPERFUND BILL

Industry officials in Illinois are pushing to amend a bill being considered by the state legislature to ease their ability to recover costs from voluntary cleanups after the Supreme Court's landmark Aviall ruling limited their ability to use authority in federal Superfund law.

689 words

71692

RULING BACKS USE OF ALTERNATIVE SUPERFUND COST RECOVERY PROVISION

A Texas federal district court has approved the use of an alternative Superfund provision that gives polluters the right to recover cleanup costs without government legal action, after the Supreme Court's landmark Aviall ruling limited such suits under the law's section 113.

The ruling appears to broaden the applicability of the alternative provision, contained in section 107, because until now appellate courts have restricted its use to innocent landowners and the government.

1259 words

71693

COURT DELAYS APPEAL OF RARELY ALLOWED 'INNOCENT LANDOWNER' STATUS

A federal court in Maryland has refused to allow an immediate appeal of its earlier ruling that a landowner in a Superfund dispute is entitled to full cost recovery as an "innocent landowner."

The case is significant because while the Superfund statute exempts parties who face cleanup liability if they meet certain criteria, innocent landowner status is rarely granted. "You can count on one hand" the number of cases where the defense has been accepted by the courts, according to an attorney involved in the case.

959 words

71694

SPLIT RULING ALLOWS GE TO CHALLENGE EPA ENFORCEMENT OF SUPERFUND

A federal judge is allowing General Electric (GE) to continue its landmark challenge to the way EPA administers a key cleanup enforcement provision of the federal Superfund law, despite also ruling for EPA that the company had failed to show the provision was unconstitutional on its face.

579 words

71695

UNPRECEDENTED APPEALS RULING LIMITS SUPERFUND BAN ON JUDICIAL REVIEW

A federal appeals court has issued a precedent-setting ruling that EPA cannot indefinitely cite a provision in Superfund law that bars judicial review of ongoing cleanup actions to thwart citizen suits, finding that the agency must present "some objective indicator" to show cleanup will be completed within a reasonable date.

EPA frequently cites section 113 (h) of the law as a defense in challenges to pending cleanups and remediation decisions and courts have almost always backed EPA's interpretation.

742 words

71696

INDUSTRY SUIT TARGETS EPA GUIDANCE ON EMISSIONS STACK TESTING

Industry groups have filed a federal appellate challenge to an EPA guidance outlining procedures for Clean Air Act pollution stack testing programs, which industry says will bolster its leverage in ongoing discussions with the agency on changing the guidance while permitting full-scale litigation against the guidance in the future.

734 words

71642

CALIFORNIA RULING ON WATER PERMIT COSTS TO INFLUENCE OTHER STATES

The California Supreme Court's landmark decision allowing state regulators to ignore the cost to dischargers before imposing water permit limits that are weaker than federal standards may influence other state litigation, observers say.

755 words

71645

Pages