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Litigation

DOJ Signals Opposition To Youth Climate Plaintiffs’ High Court Petition

The Department of Justice (DOJ) is strongly urging a federal appellate court to reject a request by youth plaintiffs pursuing a constitutional climate change suit against the government that would clear a path to allow them to petition the Supreme Court to reinstate their case, signaling the Biden administration may not be willing to settle the matter or reverse its predecessor’s opposition.

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States, environmentalists oppose ‘indefinite’ pause in auto GHG suit

Critics of the Trump administration’s rollback of vehicle greenhouse gas rules are suggesting a six-month briefing extension, as opposed to pausing the suit entirely.

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EPA defends push for abeyance in 2020 RFS suit

If a federal appeals court grants abeyance in the suit, it will give the Biden EPA more time to resolve its renewable fuel standard (RFS) policies, including biofuel volumes for 2021.

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10th Circuit rejects EPA bid to stay Colorado WOTUS case

The appeals court order sides with industry groups that opposed a stay to allow the Biden administration to reconsider the Trump-era definition of waters of the United States (WOTUS).

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Biden EPA drops appeal of salt ponds CWA ruling

The Biden EPA is dropping an appeal of a district court ruling that found the agency had incorrectly declared salt ponds near the San Francisco Bay as being outside the scope of the Clean Water Act.

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ARCO Cites High Court CERCLA Case To Boost Superfund Ruling Appeal

An oil company is asking the Supreme Court to accept, but place on hold, its appeal of a Superfund case that parallels litigation the high court accepted for review last month that is expected to test what is required for a settlement to trigger Superfund contribution protection and its corresponding statute of limitations.

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Ozone Suit Adds To Pressure On EPA For NAAQS Species Assessments

The Center for Biological Diversity (CBD) has filed a lawsuit claiming the Trump EPA’s decision to retain the existing ozone ambient air limits is unlawful because the agency did not conduct an Endangered Species Act (ESA) review of the policy, echoing a similar recent CBD species challenge to EPA’s retention of particulate matter (PM) limits.

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EPA’s Disinfectant Policies Face Test Over Claim Of ‘Bureaucratic Panic’

A federal district court is weighing whether to address a hand-wipe maker’s novel claim that EPA overstepped its authority to regulate disinfectants as it scrambled to respond to the COVID-19 pandemic -- a claim the agency says is not ripe for review as it has taken no formal action targeting the manufacturer.

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Supreme Court Could Resolve Problems With CERCLA Limitations Statute

The Supreme Court’s upcoming review of a Superfund statute of limitations case could aid in resolving key cleanup legal issues and affect other sites being reassessed for further remediation, while the high court’s 2020 ruling in another Superfund case has effectively dented the pre-enforcement review bar’s impact on state law claims, legal experts say.

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CEQ Might Quickly Decide On NEPA Rule After Suit Delay, Mallory Hearing

The White House Council on Environmental Quality (CEQ) might quickly decide how to proceed with revising or rescinding the Trump-era National Environmental Policy Act (NEPA) overhaul, after the Senate slated a confirmation hearing for President Joe Biden’s CEQ chair nominee and a court granted a delay in a suit over the policy.

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