Litigation

The Interior Department (DOI) is facing broad opposition to its proposed administrative appeals process that allows only dam operators to appeal conditions DOI may attach to hydropower dam licenses, with environmentalists and tribal sources warning the process unlawfully precludes groups from participating and protecting water quality.

EPA will soon propose changes to its controversial general permit for stormwater discharges at construction sites that industry and state sources say may limit the ability of the agency and private parties to sue builders for violations that occurred prior to receiving a permit.

A recent appellate ruling dismissing an environmental group's attempt to stop a Forest Service timber sale on the grounds that a different environmental group had already sought to litigate the issue sets a disturbing precedent that could block industry and environmental groups' access to courts, legal experts and some environmentalists warn.

These sources say the ruling may set a precedent by expanding a legal doctrine -- known as privity -- that is used to determine when parties in litigation share similar interests that may bar them from pursuing separate litigation.

A recent decision by U.S. EPA's Environmental Appeals Board on wetlands penalties may expand the agency's ability to gather information about a defendant's finances when the party claims an inability to pay a fine, according to an attorney familiar with the case.