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Litigation

Corps aims to undo adverse NEPA ruling on Dakota pipeline

The Army Corps of Engineers is appealing a lower court’s decision that it violated the National Environmental Policy Act when approving a key easement for the Dakota Access Pipeline.

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Coalition of 21 states launches suit over Trump’s NEPA rule overhaul

The states’ lawsuit is the fourth legal challenge brought against the Trump administration’s broad overhaul of National Environmental Policy Act implementing rules.

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CBD suit aims to force EPA action on California, Colorado air plans

Environmentalists say EPA has missed Clean Air Act deadlines for making decisions on whether to approve dozens of plans from the two states for meeting federal ozone standards.

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Corps Asks 9th Circuit To Undo Ruling On Keystone Pipeline ESA Violation

The Army Corps of Engineers is asking the U.S. Court of Appeals for the 9th Circuit to reverse a lower court ruling that found the Corps violated the Endangered Species Act (ESA) when it allowed the use of a wetlands general permit for construction of the Keystone XL pipeline, arguing the lower court made several errors.

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SAFE rule critics seek to include EPA comments in lawsuit record

Opponents of the Trump administration’s vehicle GHG rule rollback want to add to the lawsuit record inter-agency documents that include critical EPA staff comments on draft versions of the final rule.

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3rd Circuit Scraps EPA Approval Of Pennsylvania Power Plant NOx Limits

A federal appeals court has scrapped EPA’s approval of Pennsylvania’s limits on ozone-forming nitrogen oxides (NOx) power plant emissions, demanding the agency either mandate stricter “technology-forcing” controls from the state or impose such standards itself instead of simply “rubberstamping” the “status quo” of utility NOx limits.

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As Suit Resumes, Environmentalists Defend Obama BLM Methane Rules

A coalition of 16 environmental groups and two Democratic-led states are defending the Obama Interior Department’s (DOI) methane “waste” rule for oil and gas facilities on public land, while also criticizing the Trump administration’s “post hoc” legal arguments it floated when formally dropping its defense of the policy.

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‘Clean’ utilities, 20 states outline legal defenses for MATS

Utilities that rely on less-polluting power sources such as renewable energy, and 20 mostly Democratic-led states are outlining legal defenses for EPA’s mercury and air toxics standards for power plants.

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EPA poised to publish ‘Part A’ coal ash rule, starting clock for suits

Environmentalists have already vowed to sue over EPA’s latest coal ash rule, which sets new closure deadlines for many ash disposal sites including those that lack protective “composite” liners.

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Environmentalists Say EPA’s CWA 401 Rule Violates High Court Precedent

A coalition of six environmental groups is challenging a recently finalized EPA Clean Water Act (CWA) section 401 permitting rule on the grounds that the regulation violates Supreme Court precedent by unlawfully limiting the scope of states’ water quality impact reviews under section 401.

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