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Litigation

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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In Latest EPA Loss, 1st Circuit Finds Science Advisor Policy Unlawful

A federal appellate court has found that EPA’s controversial policy barring agency grant recipients from serving as EPA science advisors is unlawful because it skewed representation on the panels toward state and industry representatives, the second court defeat for the controversial policy in the past few weeks.

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In Latest EPA Loss, 1st Circuit Remands UCS’ Science Advisor Policy Suit

A federal appellate court has found that EPA’s controversial policy barring agency grant recipients from serving as EPA science advisors is unlawful because it skewed representation on the panels toward state and industry representatives, the second court defeat for the controversial policy in the past few weeks.

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States urge 9th Circuit to reject EPA landfill methane plan delay

States and environmental groups are charging that EPA’s August 2019 rule delaying deadlines in an Obama-era landfill methane rule should not override a prior court order requiring it to implement the standards.

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Environmentalists Urge Court To Keep Slaughterhouse ELG Challenge Alive

Environmentalists are trying to convince a federal appeals court that it can consider whether EPA has unlawfully failed to update technology-based effluent limits for meat and poultry slaughterhouses, disputing agency assertions that no final action under the Clean Water Act (CWA) has occurred that the court can review.

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New York Says EPA Sets ‘Impossibly’ High Bar For Interstate Air Petitions

New York, backed by environmental groups, is telling a federal appeals court that EPA has set an “impossibly high barrier” for states to meet in order to successfully petition the agency to regulate interstate air emissions sources, because the agency’s policy in effect requires the unlikely ability of states to develop regional ozone reduction plans.

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ACE plaintiffs ask court to delay briefing due to virus

Challengers to EPA’s Affordable Clean Energy utility climate rule are seeking an additional three weeks to file their opening brief in the litigation, due to the widespread fallout from the coronavirus pandemic.

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State AGs Defend EPA Enforcement, Oppose OMB Civil Action Change

State attorneys general (AGs) and employment lawyers are opposing the White House Office of Management & Budget’s (OMB) call for input on potentially tightening due process protections in civil enforcement actions at EPA and elsewhere, arguing that there is no rational or legal basis for any such reforms.

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