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Litigation

California POTWs seek reinstatement of CWA test method case

Wastewater utility groups are trying to keep alive their challenge to an EPA test method by asking an appeals court to reverse a lower court’s dismissal of their case.

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Asarco charges trustee skirting cleanup obligations

The large mining company whose 2009 bankruptcy settlement paid for cleanup at numerous Superfund sites is asking a federal court to intervene in a dispute with a bankruptcy trustee over two sites.

659 words

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States Cite Test On Guide’s ‘Finality’ To Bolster Auto-GHG ‘Finding’ Suit

States and others challenging the Trump EPA’s threshold determination that it must weaken vehicle greenhouse gas standards argue a recent appellate ruling on an EPA air toxics guidance helps their case by backing their prior assertions that the vehicle finding is a final agency action ripe for court review.

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5th Circuit Backs Broad EPA Power To Revise, Significantly Delay ELGs

A federal appeals court has upheld EPA’s authority to delay until 2020 or beyond the compliance deadlines for two provisions in a 2015 Clean Water Act (CWA) effluent regulation, holding that the agency has broad authority to revise existing water policies and opening the door to setting decades-long deadlines for other sectors’ effluent rules.

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EPA Urges D.C. Circuit To Expedite Lawsuits Over ACE Utility GHG Rule

EPA is urging appellate judges to expedite their consideration of a host of suits challenging its Affordable Clean Energy (ACE) utility greenhouse gas rule that replaces the broader Obama-era Clean Power Plan (CPP), with the agency hoping to resolve its initial legal defense of the rule before President Donald Trump’s first term ends.

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ARCO urges high court to reverse Montana CERCLA ruling

Oil giant Atlantic Richfield Company argues in a new merits brief that a Montana state court decision will upend cleanups at massive Superfund sites by allowing state damages claims.

666 words

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EPA asks court for extension on landfill air emissions plans

EPA is asking a federal court to lift its Nov. 6 deadline for the agency to issue a federal plan to curb methane and other air emissions from landfills.

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EPA fights Sierra Club’s push for rehearing of air monitoring suit

The agency says a federal appeals court was right to find that the Clean Air Act’s 60-day deadline for filing legal challenges bars the suit over an Obama-era air monitoring policy.

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Judges Suggest They May Override EPA Bid To Avoid Temperature TMDL

Appeals court judges are suggesting that they may reject EPA’s appeal of a landmark district court ruling that endorsed a controversial judicial doctrine known as “constructive submission” and required the agency to develop a plan to reduce the temperature of the Columbia and Snake rivers because states have not acted.

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Court seeks EPA view on states’ ‘defeat devices’ preemption

EPA is being asked for input on a case that could preempt states and other local government entities from pursuing Volkswagen over its use of software defeat devices.

500 words

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