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Litigation

California Draws First Challenge Over Landmark Green Chemistry Program

The American Chemistry Council (ACC) and a major manufacturer of spray polyurethane foam (SPF) products are suing the California toxics department to overturn its listing of SPF systems containing unreacted methylene diphenyl diisocyanates (MDI) as priority products under the state’s Safer Consumer Products (SCP) green chemistry program.

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Environmentalists Join States Suing Over CPP Repeal In ACE Suit

Ten environmental groups have joined with states in suing EPA over its repeal of the Obama-era Clean Power Plan (CPP), charging that its replacement, the Affordable Clean Energy (ACE) rule, could have the perverse effect of increasing greenhouse gas emissions and conventional air pollution from coal-fired power plants in many states.

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DOJ Downplays Role of NHTSA Penalty Rule In Auto GHG Finding Fight

The Justice Department (DOJ) is urging a federal court to disregard states’ claims that language in a final National Highway Traffic Safety Administration (NHTSA) rule scaling back penalties for fuel economy exceedances proves EPA’s threshold decision to weaken vehicle greenhouse gas standards is final and ripe for suit.

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Environmentalists file new suit over CAFE penalty rollback

The new lawsuit comes just days after a group of states led by California and New York also asked the 2nd Circuit to review of NHTSA’s final rule.

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Court Reiterates Need For EPA To Set Strict ‘Daily’ Limits In TMDLs

Years after a federal appellate court told EPA it must set strict “daily” pollution limits in waterbody cleanup plans, a district court is reiterating that need and vacating two such plans for the Anacostia and Potomac rivers in Washington, D.C., where EPA failed to require such daily maximum discharge limits for E. coli bacteria.

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As States Sue, They Warn ACE Rule Penalizes Existing GHG Programs

California and other states with market-based programs to cut power sector greenhouse gas emissions charge in a new suit that EPA’s Affordable Clean Energy (ACE) rule, which replaces the broader Obama-era Clean Power Plan (CPP), is unlawful under the Clean Air Act and penalizes states that try to work together to cut emissions.

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States threaten to sue EPA over lack of ‘good neighbor’ plans

Northeastern states have joined environmentalists in threatening to sue EPA over its failure to ensure that states have submitted interstate ozone reduction plans.

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EPA Drops Key NSR Suit To Avoid Adverse Precedent On Injunctive Relief

EPA and the Sierra Club have dropped their long-running suit against Texas utility Luminant for violations of new source review (NSR) permitting requirements in an effort to avoid a broad adverse precedent that could hamstring future actions to seek injunctive relief for past violations under multiple statutes across a wide swath of the country.

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Industry Targets Minnesota In New Bid To Expand Stay Of Obama CWA Rule

An owner of a Minnesota peat mining firm is seeking to expand the number of states where federal courts have halted implementation of the 2015 Clean Water Act (CWA) jurisdiction rule, asking a federal district court to declare several provisions in the rule are unlawful and unconstitutional and are therefore invalid.

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New Mexico Urges EPA To Bring Rare PFAS Enforcement Action At Bases

New Mexico officials are urging EPA to bring rare administrative and judicial enforcement actions against the Air Force over per- and polyfluoroalkyl substances (PFAS) in light of the agency’s previous commitments, the latest front in states’ efforts to get regulators to address the contamination, though federal officials are rejecting their calls.

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