Login

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

Litigation

EPA Seeks State Talks To Preserve Rights On Sewer Overflow Agreements

OKLAHOMA CITY --- EPA has asked states to join a working group that would consider whether states should file combined sewer overflow (CSO) consent decrees in federal court, rather than state court, in order to preserve the agency's ability to overfile if state enforcement is inadequate, EPA enforcement chief Tom Skinner said at a meeting here.

943 words

7236

ACTIVISTS WIN UNUSUAL MOTION TO POSTPONE WISCONSIN NSR SETTLEMENT

Environmentalists have convinced a Wisconsin district court to delay the approval of a consent decree between EPA and the utility We Energies in a highly unusual move that raises fresh questions about one of the few new source review (NSR) settlements proposed between a utility and the Bush administration in the midst of EPA NSR reforms.

943 words

68745

UTILITIES DELAY ACTION ON NSR PACTS PENDING FINAL TRANSPORT RULE

Some power companies are reluctant to pursue settlements with EPA over alleged violations of the Clean Air Act's new source review (NSR) program until the EPA finalizes its regulation to curb transported air pollution, sources say.

These utilities may be delaying action on the settlements at least in part because they are concerned that the pacts would create market disadvantages if their competitors were not subject to pollution-reduction requirements under the clean air interstate rule (CAIR) should it be delayed, sources following the discussions says.

502 words

68746

WISCONSIN ACTIVISTS SEEK TOUGHEST-EVER BACT LIMITS FOR NEW COAL PLANT

Environmentalists in Wisconsin are pressing the state Department of Natural Resources (DNR) to require a proposed 500-megawatt, coal-fired power plant to meet clean air standards for nitrogen oxide (NOx) and sulfur dioxide (SO2) far lower than have ever been permitted before.

895 words

68762

CALIFORNIA MEXICAN TRUCK LAW MAY FACE ENFORCEMENT DIFFICULTIES

A new California law aimed at limiting increased air pollution from Mexican trucks may be difficult to enforce and also subject to legal challenge, sources say.

Sources tracking the issue say the law appears to contain enforcement shortcomings that could severely limit the state's ability to mitigate even a fraction of the expected increase in pollution. And these sources say the law may be ripe for a challenge by U.S. parties under the Clean Air Act and federal commerce law, or a lawsuit by Mexico under the North American Free Trade Agreement (NAFTA).

887 words

68772

Key Senators, Environmentalists Attack Exemption In EPA Air Toxic Rules

Environmentalists and two prominent senators are challenging the Bush administration's landmark air toxics rules for plywood producers and industrial boilers, fearing they set a dangerous precedent for excluding facilities from Clean Air Act requirements by downplaying the risks posed by ambient pollutants and emission sources "co-located" at a facility.

These critics warn if the rules stand, industries could petition EPA to apply the agency's new risk-based methodology to existing rules and overhaul the agency's air toxics program.

955 words

7228

EPA Fights Competing Lawsuits On Stormwater Discharge Permit

EPA is rejecting competing legal challenges by industry and environmentalists against its stormwater general permit for construction sites, arguing that the agency has discretion under existing legal precedents to develop strict, yet flexible, requirements to accommodate a broad range of sites, according to a recent EPA response brief.

978 words

7229

APPEALS COURT AGREES NAVY PROPERLY ASSESSED SUBMARINE IMPACTS

A federal appeals court has upheld a lower court's ruling that the Navy properly followed the National Environmental Policy Act (NEPA) and the Endangered Species Act (ESA) when analyzing the environmental impacts of upgrading ballistic missile submarines at a Washington base. The court agreed with the Navy that the decision to upgrade the submarines came from a presidential directive and thus is not subject to NEPA.

589 words

68736

EPA LIKELY TO SEEK FULL APPELLATE REVIEW OF RARE AIR RULE 'VACATUR'

EPA is planning to appeal a precedent-setting federal appellate decision vacating a clean air rule because agency officials fear it could set a dangerous precedent for immediately vacating defective air quality standards rather than remanding them to the agency for reconsideration, sources tracking the issue say.

EPA is particularly worried that if the ruling is allowed to stand, future courts can rely on the precedent to vacate rules that could be easily remedied, leaving the agency without any standard and potentially harming the environment, attorneys say.

599 words

68737

HOUSE-BACKED BILL FRAMES DEBATE FOR LIMITING ENVIRONMENTAL LAWSUITS

The House has approved legislation that would establish mandatory penalties for lawyers, including a year suspension from practicing law, who file claims that are later found to be "frivolous," which supporters of the bill say should have a chilling effect on the number of environmental lawsuits. While passage by the Senate this year is unlikely, supporters say the House vote, which was largely along party lines, was intended to frame the debate for the next Congress. Supporters say the legislation could be a top priority for Republicans if they win big in the November elections.

714 words

68715

Pages