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Litigation

Bodine Warns Biden Against ‘Overreach’ On Climate Rules, Enforcement

EPA enforcement chief Susan Bodine is warning the incoming Biden administration against “overreach” on climate change or enforcement more generally, predicting that federal courts and voters will punish any attempt to “radically change the direction of EPA” such as forcing a transition from gas-powered vehicles to electric cars.

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EPA publication of unlined coal ash site rule starts clock for lawsuits

Facilities that lack otherwise mandatory protective liners have until Nov. 30 to make their initial applications for permission to keep operating, but environmentalists have vowed to sue.

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Biden’s election could lead to Chesapeake TMDL settlement

Environmentalists hope that President-elect Joe Biden’s administration will be willing to work with them and several states to resolve litigation over EPA’s alleged failure to enforce Chesapeake Bay cleanup goals.

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States, United Steelworkers sue EPA over refusal to reconsider RMP rule

States, localities and the United Steelworkers union are challenging EPA’s decision to deny petitions to reconsider a final rule rolling back Obama-era chemical facility disaster safety mandates.

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Agriculture groups challenge EPA’s tightened dicamba registrations

Two farming groups say EPA’s new restrictions on spraying dicamba-based weed killers go beyond its authority under the Federal Insecticide, Fungicide, and Rodenticide Act.

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EPA asks high court to extend briefing deadline in RFS waiver suit

If the justices grant the agency’s request, it would push resolution of litigation over EPA’s renewable fuel standard (RFS) small refinery waiver policy into 2021.

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Environmental groups seek New Jersey probe of PFAS replacement

Environmental groups are pushing New Jersey regulators to investigate a replacement chemical for a legacy PFAS, reiterating fears of potential health risks from new substitute chemicals.

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D.C. Circuit Appears Likely To Reject DAPL Appeal But Remedy Unclear

A three-judge panel of the U.S. Court of Appeals for the District of Columbia Circuit appears likely to uphold a lower court decision finding that the U.S. Army Corps of Engineers failed to conduct a required rigorous environmental review of the Dakota Access Pipeline (DAPL) but the judges did not seem to reach consensus on the proper legal remedy for the violation.

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EPA defends WOTUS rule in New York landowners’ litigation

The Trump administration’s Clean Water Act jurisdiction rule is a “reasonable construction of ambiguous statutory terms” in the law and is neither arbitrary nor capricious EPA tells a federal district court.

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Judge suggests EPA CWA violation in Montana nutrients response

“Significant evidence seems to demonstrate . . . that EPA may have acted arbitrarily and capriciously, as well as unlawfully under the CWA,” federal district court Judge Brian Morris says.

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