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Litigation

Environmentalists Eye Renewed Litigation Over Waste Incinerator Rule

Environmentalists are considering fresh legal action against EPA arguing that a proposed air regulation for a category of waste incinerators falls far short of a court-ordered agreement.

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Environmentalists Threaten Suit To Force Discharge Permits For Water Transfers

Environmentalists are threatening to file a lawsuit in an effort to protect waters downstream from a hydroelectric project in northern California, using a legal argument that relies on a key Supreme Court decision that suggests that facilities need discharge permits for interbasin water transfers that convey pollutants.

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Industry Cites EPA Brief In Push For Court Denial Of Oil Spill Rule

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 jurisdiction of the Clean Water Act includes waters covered by the oil spill rule and that the rule violates the Constitution's Commerce Clause by exceeding the federal government's authority.

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EPA CHALLENGES APPELLATE RULING OVERTURNING REMINING RULE

EPA is challenging an appellate ruling that required the agency to develop new Clean Water Act (CWA) regulations for water discharged from so-called remining operations on the grounds that the recent decision conflicts with Supreme Court and other rulings in the same appellate circuit.

Remining refers to additional mining that occurs at abandoned mines or previously mined sites.

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CONTEMPT MOTION ILLUSTRATES CONFUSION OVER MOUNTAINTOP MINING RULING

Recent efforts by environmentalists to hold the Army Corps of Engineers in contempt for failing to halt mountaintop mining in parts of West Virginia illustrates the confusion over implementing a landmark district court decision that froze the Corps permit program for the practice and sought to halt as many as 73 projects.

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ENVIRONMENTALISTS THREATEN SUIT IN NEW WATER TRANSFER PERMIT CASE

Environmentalists are threatening to file a lawsuit to protect waters downstream from a hydroelectric project in northern California, using a legal argument that relies on a key Supreme Court decision suggesting that facilities need discharge permits for interbasin water transfers that convey pollutants.

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COURT ISSUES LANDMARK OPINION BANNING DISCHARGES THAT DEGRADE WATERS

The Georgia Supreme Court recently issued a landmark interpretation of the Clean Water Act's (CWA) anti-degradation provisions, saying the law forbids sewer plants from discharging pollutants into high-quality waterbodies if the facilities have the technology to remove them, attorneys following the case say.

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CORPS PERMIT SUIT COULD LIMIT REVIEW OF RULES' SMALL BUSINESS IMPACTS

A pending appellate suit over modified U.S. Army Corps of Engineers clean water permits could limit EPA and other federal agencies' consideration of their regulations' impacts on small businesses, according to legal briefs in the case.

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EPA Court Appeal Defends Regulation To Limit Water Pollution From Mines

EPA is challenging an appellate ruling that requires the agency to develop new Clean Water Act regulations for pollution discharges from so-called remining operations, arguing that the recent decision conflicts with Supreme Court and other rulings by the same appellate circuit.

Remining refers to operations initiated at formerly abandoned sites. EPA in its request for a rehearing is siding with industry in citing a past court ruling against environmentalists.

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Court Expands Earlier Ruling On Recovering Superfund Attorney's Fees

A federal appeals court has broadened its earlier precedent-setting decision allowing parties to recover attorney's fees under federal Superfund law related to identifying responsible polluters by also permitting recovery for certain cleanup-related activities, according to an attorney involved in the case.

Attorney's fees associated with Superfund litigation are generally considered unrecoverable under a key 1994 Supreme Court ruling, Key Tronic Corp. v United States.

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