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Litigation

EPA Authorizes Voluntary Telework For Most Agency Staff Until April 4

EPA Administrator Andrew Wheeler is authorizing voluntary telework for all agency employees across the nation for the next four weeks, “consistent with operational needs of departments and agencies,” in response to the coronavirus pandemic, a move agency staff are greeting as welcome and overdue.

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CEQ agrees to release key NEPA documents

The White House will be providing information about how it developed a controversial plan to scale back how agencies implement the National Environmental Policy Act.

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Despite EPA, Industry Support, DOJ Eliminates ‘Problematic’ SEPs

Despite strong public support from EPA and industry groups, the Justice Department (DOJ) is eliminating all uses of popular supplemental environmental projects (SEPs) that have long been a popular way to offset civil penalties in enforcement settlements and allowed settling parties to win community good will.

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D.C. Circuit Orders EPA To Reconsider Denial Of MATS ‘Startup’ Petition

The U.S. Court of Appeals for the District of Columbia Circuit is directing EPA to reconsider environmentalists’ petition challenging provisions in the Obama-era mercury and air toxics standards (MATS) that exempted utility boilers from tough emissions limits during startup and shutdown, saying EPA unreasonably denied the petition.

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Climate nuisance plaintiffs tout 4th Circuit venue ruling

Plaintiffs in three climate nuisance cases pending in the 1st and 9th Circuits are touting Baltimore’s victory in the 4th Circuit that allowed its suit to proceed in state court.

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EPA begins implementing extended landfill methane rule deadlines

EPA is formally finding that 42 states have failed to submit compliance strategies for Obama-era landfill methane standards, but the agency says it won’t issue a federal plan for another two years.

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Biofuel producers warn Trump against appealing RFS waiver ruling

Biofuel and farm groups are warning President Donald Trump he risks a political backlash from rural voters if EPA contests an appellate ruling placing major limits on its renewable fuel standard waiver policy.

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Court allows intervenors to join Washington suit over EPA WQS decision

A federal court’s decision to allow the intervenors’ participation could boost Washington state’s arguments that Trump EPA actions would harm sensitive subpopulations.

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Rehearing sought in state CWA 404 reconsideration case

The losing party in a case that raised questions about the limited options to reassess state oversight of dredge-and-fill permitting argues issues raised for the first time at oral argument deserve a rehearing.

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D.C. Circuit schedules argument in suit over EPA RFS cellulosic policy

A decision by the court in favor of biofuels producers could open the door to the agency having to allow more cellulosic fuel supply to qualify under its renewable fuel standard.

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