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Litigation

Eastern States, Senate Democrats Fault EPA Interstate Air Pollution Policy

Eastern states and Senate Democrats are attacking what they say is EPA’s inadequate approach to policies for curbing interstate air pollution hindering states’ attainment of federal air standards, with several states ramping up technical and legal challenges to the agency while senators attack funding cuts to key emissions programs.

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Gorsuch Claim On Deference’s Decline Raises Stakes For EPA’s Discretion

Supreme Court Justice Neil Gorsuch in a new dissent claims there is “mounting criticism” of the Chevron principle that gives primacy to EPA and other agencies’ interpretations of unclear laws, raising the stakes for pending cases that could give the court’s strengthened conservative majority an opening to narrow or scrap the doctrine.

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Environmentalists challenge ‘force majeure’ refinery air waiver

Environmental groups intend to try and scrap EPA’s revisions to refinery air rules allowing for exemptions for “force majeure” events such as hurricanes.

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Judge Rejects Novel Claim That Air Act Fails To Grant Injunctive Relief Power

A federal judge has rejected a novel claim by Missouri-based utility Ameren that he lacks Clean Air Act authority to order injunctive relief to remedy past harms, dismissing what sources describe as a long-shot argument that runs counter to what EPA -- and federal courts -- have successfully been doing for decades.

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High Court Denies Review Of Challenge To EPA ‘Veto’ Of CWA 404 Permits

The Supreme Court has rejected a petition that sought judicial review of EPA’s “objections” to proposed Clean Water Act (CWA) dredge-and-fill permits, letting stand an appeals court’s decision that requires applicants to instead wait until a formal agency approval or denial before challenging the permitting process.

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Riverkeeper challenges EPA's approval of Alabama's impaired waters

Black Warrior Riverkeeper is asking a federal court to require EPA to return three stream segments to Alabama's impaired waters list.

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New Mexico Court Push May Limit Impact Of Key Suit On State PFAS Powers

New Mexico officials are seeking to steer Defense Department litigation challenging their permit restrictions on per- and polyfluoroalkyl substances (PFAS) to state court, a move that if successful could limit any precedent the litigation may set on federal officials' ability to challenge such state actions.

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Manufacturers Seek To Dismiss Landmark Class Action Suit Over PFAS

Manufacturers of per- and polyfluoroalkyl substances (PFAS) are seeking to dismiss a potentially landmark class action suit that is pursuing industry-funded, independent nationwide health studies and testing to determine the effects of multiple PFAS found in the blood of nearly all Americans.

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Hearing On Proposed CWA Rule Previews Legal Arguments On Final Policy

Speakers at EPA’s public hearing on its proposed Clean Water Act (CWA) jurisdiction rule gave early signals of how they plan to attack or defend the eventual final version of the rule in court, with environmentalists hinting at procedural and substantive arguments that they could raise in litigation aimed at striking down a narrow CWA test.

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Senate panel advances OIRA chief’s nomination to D.C. Circuit

Despite attacks from the left over her role in EPA and other agencies’ deregulation, and concern from the right about her position on abortion, the Judiciary Committee advanced Neomi Rao along party lines.

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