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Litigation

Washington Urges Supreme Court To Reject Suit Over CWA 401 Decision

Washington state is urging the Supreme Court to reject a complaint regarding a long-running dispute over the state’s denial of a Clean Water Act (CWA) water quality certification for a planned coal export terminal, arguing the “issues raised are meritless and already being litigated in other courts, and Plaintiffs lack standing in any event.”

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Democratic States Ask Court To Enjoin EPA Enforcement Discretion Policy

Democratic state attorneys general (AGs) that are suing over EPA’s controversial COVID-19 enforcement discretion policy that critics fear will allow excess pollution and other agency rule violations are asking a federal district court to grant a preliminary injunction that would prevent entities from relying on the policy during the legal challenges.

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EPA sets July 31 deadline to cease dicamba use after court ruling

The agency’s “cancellation order” bars new sales of the weed killer after a federal appeals court vacated a 2018 rule approving its use but stops short of an immediate ban on application.

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Judges Struggle To Understand POTWs’ Concerns With EPA Testing Guide

A three-judge panel of the U.S. Court of Appeals for the 9th Circuit appeared to struggle at June 8 oral argument to understand what California wastewater utilities are challenging in long-running legal opposition to an EPA toxicity testing method, potentially making it more difficult for the utilities to have their case reinstated and heard on its merits.

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NRDC Asks Court To Reject EPA Defense Of Enforcement Discretion Policy

The Natural Resources Defense Council (NRDC) is asking a federal district court to reject EPA’s defense against issuing an emergency rule notifying the public of which companies take advantage of its controversial enforcement discretion policy that might allow lapses in routine monitoring and reporting during the COVID-19 pandemic.

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EPA pledges to ‘mitigate’ 9th Circuit’s vacatur of dicamba approval

EPA Administrator Andrew Wheeler says the agency is “assessing all avenues” for ways to blunt impacts from the decision, including potential disruption to the country’s food supply.

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Judge explains sending Exxon climate fraud suit to state court

“The allegations in this complaint are far afield of any ‘uniquely federal interests,’” explains a federal district judge in his decision to send the suit back to a Massachusetts court.

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2nd Circuit Vacates EPA’s TSCA Reporting Waiver For Mercury Importers

A federal appellate court has vacated EPA’s reporting waiver for importers of products that include components that contain mercury, saying the agency failed to adequately justify it under the Toxic Substances Control Act (TSCA), but the court upheld a waiver for manufacturers of such products as well as a partial waiver for large-volume manufacturers.

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After High Court’s CERCLA Ruling, Lawyers Suggest Amending Decrees

Industry attorneys are suggesting potentially responsible parties (PRPs) urge EPA to amend Superfund consent decrees and even add new language to the agency’s model consent decree (CD) to better protect them from efforts by homeowners or others to bolster cleanup requirements, in light of the Supreme Court’s recent Superfund ruling.

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Environmentalists threaten EPA with suit over missing SO2 plans

Sierra Club and several other environmental groups are threatening to sue EPA overs its failure to ensure that states come into attainment with its 2010 sulfur dioxide national ambient air quality standard.

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