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Litigation

Corps Urges No Immediate Remedy During Appeal Of Dakota Pipeline Ruling

The U.S. Army Corps of Engineers is arguing against any immediate remedy after a federal district judge found that it violated the National Environmental Policy Act (NEPA) in approving a waterway crossing for the Dakota Access Pipeline (DAPL), a decision that the agency is appealing.

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Biomass advocacy group claims new exemption from EPA’s ACE rule

The Biogenic CO2 Coalition is echoing coal industry claims that EPA’s legal finding in its recently completed oil and gas methane rule undercuts the authority for its power plant greenhouse gas rule.

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EPA Denies Petitions To Reconsider RMP Rollback Rule, Teeing Up Suit

EPA Administrator Andrew Wheeler is denying petitions by environmental groups, states and a major industrial union that asked the agency to reconsider a final rule rolling back Obama-era facility chemical disaster safety mandates, shifting focus to litigation over the rollback that had been on hold pending a final EPA reconsideration decision.

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NRDC challenges EPA decision to forgo perchlorate water standard

Continuing its long-running push for a perchlorate drinking water limit, the Natural Resources Defense Council is asking a federal appeals court to review EPA’s decision to forgo a final standard.

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EPA Appeals Board Rejects Gas Distributors’ Novel Air Permit Challenge

EPA’s Environmental Appeals Board (EAB) has rejected a novel appeal from a Utah gas services company against its agency-imposed air permit, in a potentially precedent-setting dispute testing the boundaries of when an earlier consent decree between EPA and the company might shield some of its equipment from Clean Air Act regulation.

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Coal mining firm seeks to sever, hold in abeyance MATS challenge

Westmoreland Mining wants a federal appeals court to sever and delay its suit over the Obama EPA’s mercury and air toxics standards (MATS) until the court rules in cases over the Trump EPA’s MATS rollback.

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EPA Biomass GHG Proposal Delayed Until After Election, ACE Arguments

EPA’s long-awaited proposal expected to declare biomass as a carbon neutral fuel under Clean Air Act permits will not be issued until after the Nov. 3 election in part to avoid undercutting the agency’s defense of its Affordable Clean Energy (ACE) rule power plant climate rule, sources say.

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Environmentalists To Appeal Adverse NEPA Climate Oil & Gas Lease Ruling

Environmentalists are planning to appeal a federal district court ruling upholding the National Environmental Policy Act (NEPA) review for three oil and gas lease sales in New Mexico that failed to address their climate change and other concerns, arguing the decision is at odds with other NEPA rulings in resource-heavy Western states.

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DOJ environment chief Clark to lead department’s civil division

Jeffrey Clark, who has been serving as the chief of the Justice Department’s Environment & Natural Resources Division, will soon take over the department’s civil litigation division.

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Dynegy Says High Court Groundwater Test Not Applicable To Ash Ponds

Electric power company Dynegy is urging a federal appeals court to affirm a lower court’s dismissal of environmentalists’ Clean Water Act (CWA) suit over groundwater contamination from coal ash ponds, saying the case does not meet a new Supreme Court test for applying CWA permitting and liability.

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