Litigation

The petroleum industry is citing EPA's own arguments in federal court to prove its case that a recent oil spill prevention rule should be revised because the agency did not fully consider a key Supreme Court ruling before adopting a broad definition of waters subject to new requirements.

The U.S. Court of Appeals for the Federal Circuit has affirmed a lower court's dismissal of tort lawsuits against the federal government over chemical weapons disposal in a prominent Washington, DC, neighborhood.

Heavy-duty engine makers are vowing to sue the California air board over its rule requiring manufacturers to fix thousands of truck engine computers to reduce nitrogen oxide (NOx) emissions by the end of next year. The industry argues the rule violates state and federal legal settlements for the engine fixes, and if allowed to proceed could crush the industry financially if other states choose to adopt it.

The petroleum industry is citing EPA's own arguments in federal court to prove its case that a recent oil spill prevention rule should be revised because the agency did not fully consider a key Supreme Court ruling before adopting a broad definition of waters subject to new requirements.

The industry also says EPA's argument shows that the agency is uncertain whether the Clean Water Act (CWA) covers waters regulated by the oil spill rule and that the rule violates the Constitution's Commerce Clause by exceeding the federal government's authority.