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Litigation

Clock starts for suits on pharmaceutical waste rule

Under RCRA, parties have 90 days from the date of a rule's promulgation to file petitions for review in the U.S. Court of Appeals for the District of Columbia Circuit.

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221437

Judge allows environmental bankruptcy case to proceed

The ruling appears to reinforce a landmark decision in another case in which a bankruptcy judge found Kerr McGee had fraudulently conveyed assets to a new parent company, Tronox, to evade its environmental liabilities.

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EPA Argues States Lack Standing To Challenge Landfill Methane Rule Delay

EPA is arguing that California and other states lack standing to sue over its delay in implementing an Obama-era landfill methane rule and thus their suit must be dismissed, disputing that the states in the case are entitled to the “special solicitude” the Supreme Court granted states on climate change in its landmark Massachusetts v. EPA decision.

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Endangered Deference Doctrine Could End EPA’s Streak Of Court Losses

EPA could soon end its losing streak in litigation over rollbacks of Obama-era policies as lawsuits shift from procedural challenges to fights over the merits of rules on which courts often defer to the agency, but that outcome faces a growing threat from conservative federal judges who are looking to narrow or even scrap such deference.

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EPA Inks Deal On RFS Study With Sierra Club Despite ‘Sue-And-Settle’ Bar

EPA and the Sierra Club have reached a draft partial consent decree that sets a March 2020 deadline for the agency to complete a long-overdue study to determine if its renewable fuel standard (RFS) has harmed the environment, in a case seen as an important test of former Administrator Scott Pruitt’s bar against so-called “sue-and-settle” practices.

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D.C. Circuit sets argument in suit over scrapped ‘once in’ air toxics policy

The U.S. Court of Appeals for the District of Columbia Circuit will hear oral argument April 1 on the EPA’s decision to end the long-running ‘once in, always in’ air toxics policy.

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D.C. Circuit dismisses NEPA pipeline claim

One consulting firm warns that the Federal Energy Regulatory Commission may face worse odds of success in two upcoming NEPA-related challenges to its gas pipeline approvals.

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D.C. Circuit Judges Question 2018 RFS But Rule’s Fate Remains Unclear

Appellate judges at Feb. 20 oral argument questioned EPA, the oil sector and biofuels groups over alleged flaws in the 2018 renewable fuel standard (RFS) rule setting fuel production goals, but the two judges gave few indications on whether they will defer to the agency’s rulemaking power or potentially undo parts of the 2018 RFS.

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Industry Suit Tests EPA Rule Allowing NPL Site Listing For Vapor Intrusion

An auto parts company is challenging EPA's decision to add a Mississippi waste site to the Superfund list based on a vapor intrusion pathway, a case that could pose a first test for the agency's 2017 rule that allowed regulators to list hazardous waste sites on the National Priorities List (NPL) solely due to the presence of such a pathway.

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District judge rejects suit over CWA toxicity test method

The decision marks the third court loss for California wastewater groups seeking to block use of the test of significant toxicity in discharge permits.

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