Login

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

Litigation

APPELLATE RULING MAY LIMIT GROUPS' ACCESS TO COURTS, LEGAL EXPERTS SAY

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.

785 words

68488

APPEALS BOARD URGES EXPANDED EPA ACCESS TO DATA FOR SETTING FINES

A recent decision by 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.

726 words

68489

GROUP SEEKS TO MOVE APPELLATE SUIT OVER WATER INTAKE RULE TO NEW CIRCUIT

Environmentalists are filing a motion to move a lawsuit challenging EPA's cooling water regulations for large power plants from the U.S. Court of Appeals for the 9th Circuit to the 2nd Circuit -- which ruled against the agency in a similar suit last year.

Environmentalists filed the suit against EPA over provisions in its recently released rule governing cooling water intakes at existing large power plants that allow facilities to restore aquatic habitat rather than install expensive technological upgrades.

503 words

68490

ACTIVISTS MULL SUIT TO FORCE EPA CONTROL OF 'DOWNSTREAM' WATER USES

Environmentalists may sue EPA for failing to promulgate water quality standards for nutrients and other pollutants in the Mississippi and Missouri rivers, arguing that the agency may be violating the Clean Water Act's (CWA) obligation to protect downstream waterbodies from pollution generated in upstream states, environmentalists tracking the issue say.

634 words

68492

ACTIVISTS' BID FOR NAFTA INQUIRY MAY BACK FUTURE SUIT ON MERCURY PLAN

Environmentalists' bid for a NAFTA panel to investigate whether EPA is adequately enforcing the Clean Water Act by limiting emissions from coal-fired power plants could provide the groups with information to be used in future litigation against EPA's controversial mercury emissions control plans, an environmental attorney tracking the issue says.

845 words

68493

DOI FACES STRONG OPPOSITION TO APPEALS PROCESS FOR HYDROPOWER DAMS

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.

888 words

68495

ACTIVISTS MULL SUIT TO FORCE EPA CONTROL OF 'DOWNSTREAM' WATER USES

Environmentalists may sue EPA for failing to promulgate water quality standards for nutrients and other pollutants in the Mississippi and Missouri rivers, arguing that the agency may be violating the Clean Water Act's (CWA) obligation to protect downstream waterbodies from pollution generated in upstream states, environmentalists tracking the issue say.

633 words

68450

EPA PLANS STORMWATER ENFORCEMENT LIMITS IN PACT WITH BUILDERS

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.

928 words

68452

APPEALS BOARD URGES EXPANDED EPA ACCESS TO DATA FOR SETTING FINES

A recent decision by 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.

726 words

68453

APPELLATE RULING MAY LIMIT GROUPS' ACCESS TO COURTS, LEGAL EXPERTS SAY

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.

782 words

68456

Pages