Login

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

Litigation

HIGH COURT LETS STAND RULING OKAYING CITIZEN SUITS AFTER STATE ACTION

In a victory for environmentalists, the Supreme Court has decided not to review an appellate ruling upholding citizens' rights to file suit against a wastewater treatment plant, even when the plant is already facing a state enforcement action.

450 words

71423

BP AGREES TO $81-MILLION SETTLEMENT WITH SOUTH COAST OVER REFINERY EMISSIONS

BP West Coast Products LLC has agreed to pay $25 million in cash penalties and $6 million in past emission fees to the South Coast air district, in addition to spending $50 million on community and clean air projects, as part of a settlement with the district stemming from a 2003 lawsuit over the company's Carson refinery. District officials, who were seeking a total of $597 million in January, say the settlement represents a win for communities that are affected by the pollution and a potent message to the industry that violations will not be treated lightly.

285 words

71431

ENVIRONMENTALISTS' SUIT TARGETS WATER BOARDS' PUBLIC RECORDS POLICY

The state and regional water boards have consistently failed to offer open access to public documents, and have not adopted new public records policies following the passage of an open government initiative last November, a coalition of environmental groups charge in a lawsuit against the boards filed this week.

367 words

71443

High Court Lets Stand Ruling To Allow Citizen Suits Despite Enforcement

In a victory for environmentalists, the Supreme Court has decided not to review an appellate ruling upholding citizens' rights to file suit against a wastewater treatment plant, even when the plant is already facing a state enforcement action.

437 words

7976

Appeals Ruling May Limit Suits Over Federal Advisory Committees

A recent federal appellate decision finding that the Federal Advisory Committee Act (FACA) does not contain a right to sue could complicate efforts for individuals and outside groups to challenge the actions of federal advisory panels, observers say.

The U.S. Court of Appeals for the 9th Circuit ruled March 17 that the act does not contain a private right of action -- or right to sue -- making it the only federal circuit to have ruled on the issue.

572 words

7980

NOVEL SUIT SEEKS ENDANGERED SPECIES REVIEW DURING TITLE V CHALLENGES

A new lawsuit by environmental groups could set an unusual precedent by using the Clean Air Act's Title V permit program to force scrutiny of regulators' compliance with the Endangered Species Act (ESA) when permitting power plants or other industrial facilities, according to industry and citizen group attorneys.

683 words

71385

NEW NSR SETTLEMENT INCLUDES FIRST-TIME WIND ENERGY REQUIREMENT

A recent new source review (NSR) settlement announced under a long-running EPA enforcement initiative against power plants includes the first provision that could require the settling company to finance new wind energy generation.

A state source says the provision reflects growing interest in encouraging renewable energy from the states that negotiated the deal with EPA and the Department of Justice (DOJ). The provision also comes as EPA has been pursuing ways to incorporate renewable energy in enforcement agreements.

896 words

71399

ACTIVISTS MOUNT WATER ACT SUIT OVER LAND APPLICATION OF PESTICIDES

Environmentalists have mounted a landmark challenge against a blueberry farmer for aerially applying pesticides in what could be the first Clean Water Act (CWA) challenge to applications of pesticides over land that eventually drift into waters, attorneys say.

The suit follows EPA issuance of a rule exempting pesticide applicators from obtaining CWA discharge permits when pesticides are applied directly to waters to control pests present there, or when pesticides are applied to control pests present over waters and some of the pesticides end up in waterbodies.

687 words

71317

POWER UTILITIES DENIED ROLE IN LITIGATION OVER EFFLUENT GUIDELINES REVIEWS

A federal district court has ruled that a coalition of electric utilities may not weigh in on EPA's behalf in a lawsuit that claims the agency is not meeting Clean Water Act (CWA) requirements to review and revise existing effluent guideline regulations.

412 words

71318

RULING ALLOWING CITIZEN SUITS AFTER ENFORCEMENT ACTIONS WILL STAND

In a victory for environmentalists, the Supreme Court has decided not to review an appellate ruling upholding citizens' rights to file suit against a wastewater treatment plant, even when the plant is already facing a state enforcement action.

462 words

71319

Pages