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D.C. Circuit Pauses ‘Good Neighbor’ SIP Suit Pending High Court Ruling

The U.S. Court of Appeals for the District of Columbia Circuit has paused litigation brought by states and industry against the agency’s disapproval of many states’ plans to curb interstate ozone pollution, pending a decision by the Supreme Court on whether to hear challenges to a regional court’s decision to transfer litigation to the D.C. court.

White House Offers Suite Of Authorities As It Sets Wetland Protection Goal

The Biden administration has announced a new national goal to restore and reconnect 8 million acres of wetlands and 100,000 miles of streams and waters in the wake of the Supreme Court’s Sackett ruling, outlining a host of actions agencies are taking within their existing statutory authorities to increase wetlands protections.

Lung Association Finds Worsening Wildfire Impacts On Western Air Quality

The American Lung Association (ALA) in its annual “state of the air” report identifies a worsening trend of wildfire-driven fine particulate matter (PM2.5) across western states, increasing a disparity between poor air quality in the western part of the country and elsewhere, even as overall progress toward reducing ozone levels continues.

Louisiana Asks Court To Vacate EPA, DOJ Title VI Disparate Impact Rules

The Louisiana Attorney General (AG) is asking a federal district court to vacate EPA and the Justice Department’s (DOJ) decades-old disparate impact rules for implementing Title VI of the Civil Rights Act in addition to permanently enjoining the two agencies from enforcing their rules against any entity in the state -- not just as they are applied to state agencies.

Federal Judge Denies Florida CWA 404 Program Stay Pending Appeal

A federal district court judge is rejecting Florida’s request to stay his ruling vacating EPA’s approval of the state’s Clean Water Act (CWA) section 404 dredge-and-fill permit program as it appeals his decision, finding the state failed to demonstrate that it is likely to suffer an irreparable injury without such a stay.

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