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Litigation

Split 8th Circuit Backs North Dakota’s Interpretation Of EPA Air Permit Rules

A divided federal appeals court panel is backing North Dakota’s right to interpret EPA’s Clean Air Act permitting policies in a dispute over the state’s issuance of a “minor source” permit for a coal mine and processing facility, but a dissenting judge warns the court is creating a new test for deference to states’ interpretation of federal laws.

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10th Circuit sets argument in narrow Gold King mine spill appeal

The court will hear argument Jan. 20 on whether individual plaintiffs met the legal deadline to file suit over the 2015 Gold King wastewater spill.

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DOJ seeks to dismiss suit over existing source oil & gas rules

The department relies on EPA’s September oil and gas “policy” rule that eliminated methane controls for new and modified sources in the sector.

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SCC experts back environmentalists’ NEPA appeal

The suit is challenging the Trump administration’s National Environmental Policy Act review of a Montana coal mine expansion that failed to use the social cost of carbon (SCC) to disclose the project’s climate harms.

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Trump DOJ Backs Oil Industry In Supreme Court Climate Nuisance Appeal

The Department of Justice (DOJ) is backing the oil industry’s call for the Supreme Court to overturn a host of lower court decisions on a key procedural issue that would help keep a raft of climate change nuisance sources in federal court, rather than in the state courts where cities, states and counties filed them.

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Environmentalists oppose stay of EPA storage tanks air rule

Sierra Club and other environmental groups say that an Alaskan pipeline services company’s objections to provisions in the air toxics regulation cannot justifying EPA halting the policy’s implementation.

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Texas county opposes EPA ‘affirmative defense’ air rule

Harris County, TX, which includes the populous Houston metropolitan area, is fighting Texas’ policy -- approved by EPA -- allowing an affirmative defense to shield industry from liability for excess pollution.

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D.C. Circuit urged to reject EPA landfill methane rule delay

A California-led coalition of states and the Environmental Defense Fund are urging an appellate court to scrap EPA’s 2019 rule extending a series of deadlines in Obama-era landfill methane standards.

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Democratic State AGs Say Trump CWA Jurisdiction Rule Flawed, Unlawful

Democratic attorneys general (AGs) from 17 states and the District of Columbia are urging a federal district court in California to overturn the Trump administration’s Clean Water Act (CWA) jurisdiction rule, arguing the policy is flawed for three independent reasons, or alternatively, that it is unlawful under the Chevron discretion standard.

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Clock starts for filing suits over EPA NSR project ‘accounting’ rule

The regulation makes it easier for Clean Air Act new source review permit applicants to avoid in-depth analysis of their projects’ emissions and possibly avoid tougher pollution controls.

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