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Litigation

Extended Shutdown Imperils EPA's Deregulatory Agenda, Worsens Morale

The ongoing, indefinite government shutdown threatens to stall EPA's deregulatory agenda by sidelining staff who were working on high-profile rollbacks of Obama-era regulations and preparing to defend those efforts in court, sources say, while worsening morale and deterring new hires by raising questions over job security at the agency.

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RCRA suit over manure spreading could revive waiver battle

An Iowa property owner is reviving a dormant fight over whether the Resource Conservation & Recovery Act limits excessive land application of manure as fertilizer.

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Court Lets Suit Over EPA Landfill Methane Rule Implementation Advance

A federal district judge is allowing a state coalition to continue its suit against EPA's efforts to delay implementation of an Obama-era rule limiting methane emissions from landfills, rejecting the agency's effort to dismiss and stay the case even as it moves to rewrite the regulation to extend compliance deadlines.

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D.C. Circuit dismisses ozone NAAQS designations delay suit

The D.C. Circuit has dismissed as moot long-running litigation over now-complete designations for areas meeting or violating the 2015 ozone national ambient air quality standards.

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Industry, EPA Fight Over CWA Could Raise Bar On Policy Reversal Lawsuits

Industry groups challenging the Obama administration’s Clean Water Act (CWA) jurisdiction rule are clashing with EPA over novel procedural arguments that, depending on how federal courts respond, could set a high bar not only for lawsuits over the reach of the water law but a host of future policy reversals.

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EPA Says Air Permit Policy Shift Not National Rule Subject To Judicial Review

EPA is fighting environmentalists' claim that a landmark decision on a Utah coal-fired power plant's Clean Air Act permit represents a broader unlawful reversal of the agency's policy on issuing “Title V” permits, arguing in a new legal brief that the Utah permit decision is not a “nationally applicable” rulemaking eligible for judicial review.

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9th Circuit Grants DOJ Request For Early Appeal In Youth Climate Lawsuit

A split panel of the U.S. Court of Appeals for the 9th Circuit has granted the Trump administration's request for an early appeal of novel climate change litigation brought by a group of youth plaintiffs, though the plaintiffs are arguing that the move would still allow district court proceedings to continue on some issues.

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EPA Defends Decision To Scrap 'Once In, Always In' Air Toxics Rule Policy

EPA in a new legal brief is defending its decision to scrap a long-running “once in, always in” policy that required “major” air toxics sources to always comply with rules for such sources even if they reduced emissions below the major source threshold, saying the Clean Air Act authorizes the decision and that it is not subject to judicial review.

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Extending Pause, D.C. Circuit Rejects Calls To Issue Merits Ruling In CPP Suit

The U.S. Court of Appeals for the District of Columbia Circuit is rejecting calls by backers of the Obama-era Clean Power Plan (CPP) utility greenhouse gas rule to issue a decision on the merits in the long-paused litigation over the rule, and is instead continuing to hold the case in abeyance while the Trump EPA crafts its narrow replacement policy.

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CLF, ExxonMobil decline to sue EPA in climate adaptation suit

The environmental group and oil giant are telling a federal judge it would be “futile” to sue EPA to force action on a disputed wastewater permit.

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