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Litigation

District Judge Finds EPA Liability Under Superfund For Gold King Mine Spill

A federal district has ruled that EPA faces liability under the Superfund law for its accidental massive wastewater spill from the Gold King Mine cleanup in 2015, backing state and private plaintiffs’ claims that federal cleanup projects like the mine can be subject to the statute’s application to waste “operators,” “arrangers,” and “transporters.”

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Agencies In ‘A Corner’ On Using Carbon Cost In NEPA, Environmentalists Say

Environmentalists are increasingly confident they can force the Trump administration to use the social cost of carbon (SCC) metric to calculate the future climate damages of its fossil fuel extraction policies, even though the administration remains vehemently opposed to doing so, including in ongoing litigation over a coal mine expansion.

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Agencies In ‘Corner’ On Using Carbon Cost In NEPA, Environmentalists Say

Environmentalists are increasingly confident they can force the Trump administration to use the social cost of carbon (SCC) metric to calculate the future climate damages of its fossil fuel extraction policies, even though the administration remains vehemently opposed to doing so, including in ongoing litigation over a coal mine expansion.

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DOJ Urges High Court To Retain Limited Agency Deference For ‘Certainty’

The Department of Justice (DOJ) is asking the Supreme Court to retain a limited form of judicial deference for EPA and other agencies’ interpretations of their rules rather than scrapping the doctrine altogether as conservatives, industry groups and others have urged, warning that deference is needed to ensure “certainty and stability” for nationwide rules.

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Environmentalists threaten suit to force EPA coke ovens air rule review

Environmentalists’ threatened lawsuit would seek judicial deadlines for what they say are overdue Clean Air Act reviews of EPA’s air toxics standards for coke ovens.

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Bodine Defends EPA Enforcement, Vows Staffing Boost To Maximum Level

EPA enforcement chief Susan Bodine is pushing back against critics who cite the agency’s drop in fines and other measures as proof that the Trump administration is limiting environmental law enforcement, saying the metrics fluctuate annually and that she is ramping up enforcement office staffing to reach its maximum authorized level.

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Citing Air Act, Exxon Seeks To Block CSB Subpoena For 'Potential' Releases

Exxon Mobil is urging an appellate court to uphold a lower court ruling that barred the Chemical Safety and Hazard Investigation Board (CSB) from enforcing document requests about chemicals that are stored on site but not released as a result of an incident, arguing the Clean Air Act does not provide CSB with power to subpoena for documents related to “potential” releases.

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Industries see few consequences from EPA ending ‘once in’ air policy

Industry groups are defending an EPA decision allowing some air toxics sources to escape tough “major source” controls saying the move will have little practical effect.

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Corps takes first step in Pebble mine permit process

The Corps will take comment on the proposed environmental impact statement through May 31, but environmentalists are already saying the review does not consider the contested mine’s full scope.

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Oklahoma Seeks District Court Order To End CWA Jurisdiction Patchwork

Oklahoma and national business groups are pressing a federal district judge to limit or end the nationwide patchwork of Clean Water Act (CWA) jurisdiction policies resulting from the revival of the Obama-era jurisdiction rule, arguing that the state has been forced to impose permits to protect “ephemeral” streams they say should be exempt from the law.

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