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Litigation

DOJ Seeks Quick Ruling Finding California-Quebec GHG Link Unlawful

The Trump administration is urging a federal judge to quickly back its litigation challenging California’s decision to link its greenhouse gas trading program with a similar system in Quebec, arguing in a summary judgment motion that the move tramples on the president’s role in setting foreign policy.

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11th Circuit upholds decision sidestepping agency ‘deference’ question

The appellate court rejected petitions to rehear one of the first cases testing the Supreme Court’s recent decision that preserved but limited the deference EPA and other agencies receive when interpreting their rules.

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Environmentalists sue EPA over novel Missouri nutrient standards

The suit claims the agency’s approval of the state’s narrative standards last year was arbitrary and capricious because EPA had previously held numeric criteria were necessary.

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Arkansas Suit Tests Efforts By EPA, States To Soften Regional Haze Plans

Sierra Club and the National Parks Conservation Association (NPCA) are suing EPA over its approval of Arkansas’ plan softening regional haze emissions controls for power plants, posing a test case for efforts by some states and the Trump administration to ease pollution limits for the next round of the agency’s haze reduction program.

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Judges Pose Tough Questions To Both Sides In Baltimore Climate Venue Suit

RICHMOND, VA -- Lawyers representing the oil industry and the city of Baltimore drew tough questions from appellate judges weighing the industry’s appeal of a lower court ruling that held the city’s climate nuisance suit belongs in state, not federal, court, with the judges’ questions focusing on “federal officer removal jurisdiction” doctrine.

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Climate Suit Backers See Differences With New York’s Failed Fraud Case

Supporters of a variety of novel climate change lawsuits are stressing the differences between their cases and New York’s failed securities fraud suit against oil giant ExxonMobil after a state trial court decisively rejected the Empire State’s case.

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Environmentalists threaten suit over 20 states’ missing ozone plans

Several environmental groups say they will sue EPA if within 60 days it does impose ozone emissions reduction plans on 20 states that have failed to craft their own strategies to cut air pollution.

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Judge Rejects New York’s ‘Hyperbolic’ Climate Fraud Suit Against Exxon

A New York state judge has ruled that ExxonMobil did not defraud investors over its risks from climate change, a highly anticipated yet unsurprising decision that rejected the two remaining claims brought by the New York Attorney General’s (AG) office against the oil and gas giant.

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Amid CCS Advances, EPA Coal Plant NSPS Rollback Nearing Completion

EPA plans to send a draft final rule rolling back greenhouse gas limits for new coal-fired power plants to the White House Office of Management & Budget (OMB) in late January or early February, with the signature element likely to remove a de facto requirement that new coal plants install partial carbon capture and storage (CCS) technology.

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Appellate Judges Question EPA Over Adoption Of Advisor Policy ‘By Fiat’

A panel of appellate judges grilled EPA’s lawyer recently over whether the Trump administration created its controversial policy banning agency-funded scientists from serving on advisory committees “by fiat,” though the judges also questioned environmental petitioners closely on their legal arguments.

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