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Litigation

EPA sends final coal ash ‘Part A’ rule for White House review

The rule will force unlined ash disposal sites to shut down even though EPA has already proposed exceptions to that mandate, and will also create new deadline extensions for facility closures.

523 words

227032

Wyoming, Montana rebut Washington’s claims in CWA 401 fight

The two states are faulting Washington state’s claims that Supreme Court review of a Clean Water Act dispute is unnecessary, telling the high court the coastal state’s assertions are wrong and unpersuasive.

562 words

227031

Briefing concludes in long-running trailer GHG rule litigation

A three-judge panel of the U.S. Court of Appeals for the District of Columbia Circuit will hear oral argument in the long-running case Sept. 15.

670 words

227030

Fearing Weak EPA Defense, States And Utilities Intervene To Protect MATS

Electric utilities and 16 mainly Democratic-led states are seeking to intervene in a coal company’s suit challenging the Obama EPA’s mercury and air toxics standards (MATS), aiming to defend the agency’s landmark air toxics policy and fearing the Trump administration will not “zealously” defend the rule because of its deregulatory agenda.

1181 words

227028

Energy Sector Cites Legal Flaws In Bid For High Court Stay Of NWP 12 Ruling

The energy sector is backing the Justice Department’s (DOJ) call for the Supreme Court to stay a district court’s vacatur of a federal Clean Water Act (CWA) general permit for constructing new oil and gas pipelines, citing numerous alleged legal flaws with the lower court’s ruling and claiming widespread harms from the resulting halt in permitting.

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227027

In Superfund Case, 7th Circuit Backs Easier Suit Transfer To Federal Courts

The U.S. Court of Appeals for the 7th Circuit is backing other circuits in easing the ability to shift litigation from state courts to federal courts for actions that government contractors connect to federal government orders, in a case over exposure to hazardous substances at a Superfund site in Indiana that will now be heard in federal court.

1030 words

227021

Appeals court rejects challenge to EPA’s dicamba cancellation order

The U.S. Court of Appeals for the 9th Circuit is letting stand EPA’s decision to allow farmers to use up “existing stocks” of the herbicide after its registration was overturned.

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227014

EPA Plans To ‘Terminate’ COVID-19 Enforcement Flexibility Policy ‘Soon’

EPA in the near future will “terminate” its controversial policy granting industry broad discretion from meeting compliance obligations under environmental regulations during the COVID-19 pandemic, says a top agency enforcement official who adds that EPA might still offer similar discretion for future unforeseen circumstances.

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227009

EPA Extends SSM Air Waiver To Iowa But Denies National Policy Change

EPA is proposing to add Iowa to the list of states that can offer companies Clean Air Act regulatory waivers for excess pollution during periods of facility startup, shutdown or malfunction (SSM), but the agency continues to deny it is making a national policy change on SSM that would be subject a key federal appeals court’s review.

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227005

Judge Blocks WOTUS Rule In Colorado While Legal Challenges Increase

A federal judge in Colorado has blocked the Trump administration’s narrowed definition of waters of the United States (WOTUS) from being implemented in that state, hours after another federal judge rejected a nationwide halt to the rule and while legal challenges to the WOTUS policy increase from environmentalists and other EPA critics.

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