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Litigation

EPA Enforcement ‘Discretion’ During Pandemic Prompts Early Concerns

EPA is pledging to exercise “enforcement discretion” if facilities cannot meet certain legal obligations under agency regulations during the COVID-19 pandemic, but environmentalists and former top Obama EPA officials fear the temporary plan will become an indefinite “nationwide waiver of environmental rules.”

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Citing New EIS Precedent, Court Rejects NEPA Review Of Major Pipeline

A federal district judge is rejecting as insufficient under the National Environmental Policy Act (NEPA) the Army Corps’ streamlined environmental assessment (EA) of the Dakota Access Pipeline, citing a new appellate court precedent requiring a more in-depth environmental impact statement (EIS) for “controversial” projects.

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Industry urges courts to ignore 4th Circuit climate nuisance ruling

The oil sector argues the 4th Circuit’s ruling, which focused on the proper venue for climate nuisance cases, was wrong and should be disregarded.

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DOJ Urges Full 9th Circuit To Deny Rehearing Youth Climate Litigation

The Department of Justice (DOJ) is urging the full U.S. Court of Appeals for the 9th Circuit to deny rehearing a three-judge panel’s split ruling dismissing a novel youth constitutional climate change case, arguing that the panel’s decision was correct and that the case does not satisfy the high standard for en banc review.

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DOJ Urges Full 9th Circuit To Deny Rehearing Of Youth Climate Litigation

The Department of Justice (DOJ) is urging the full U.S. Court of Appeals for the 9th Circuit to deny rehearing of a three-judge panel’s split ruling dismissing a novel youth constitutional climate change case, arguing that the panel’s decision was correct and that the case does not satisfy the high standard for en banc review.

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Environmentalists cite remand to boost EPA science advisor suit

Environmentalists say a 1st Circuit loss for EPA in a suit over its science advisor policy bolsters a parallel suit pending in the D.C. Circuit.

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EPA drops RFS waiver ruling appeal, signaling huge cut in exemptions

The agency’s decision not to appeal a ruling significantly restricting its renewable fuel standard small refiner waiver policy will dramatically limit the number of future waivers EPA can issue.

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D.C. Circuit urged to reverse rejection of RFS case consolidation

Despite biogas producers’ call for reconsideration, appellate judges appear unlikely to revise their order keeping lawsuits over EPA’s 2019 and 2020 renewable fuel standards separate.

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Judge Grants Exxon Motion To Stay CLF’s Novel CWA Climate Change Case

In a potential setback for environmentalists, a federal district court judge has put on hold their novel litigation challenging the lack of climate change considerations in a Clean Water Act (CWA) discharge permit for an ExxonMobil oil terminal, finding it is appropriate to wait until EPA finalizes a renewed permit for the facility next year.

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EPA seeks to dismiss landowners’ challenge to WOTUS repeal rule

The agency argues the two New York landowners lack standing to bring the suit because they have not identified an actual injury from the repeal of the Obama-era Clean Water Act rule.

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