Litigation

Latest news on lawsuits brought by environmentalists, industry and others challenging EPA rules on a broad range of issues, as well as breaking stories on state, federal and Supreme Court hearings and decisions.

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Latest news on lawsuits brought by environmentalists, industry and others challenging EPA rules on a broad range of issues, as well as breaking stories on state, federal and Supreme Court hearings and decisions.

Trump DOJ Joins Suits To Invalidate California Truck Emissions Agreement

The Department of Justice (DOJ) is joining two industry lawsuits seeking to invalidate the California Air Resources Board’s (CARB) 2023 deal with truck manufacturers to reduce emissions, providing additional arguments about why the state cannot enforce standards that DOJ says have been preempted by the federal government. “Agreement, contract, partnership, mandate -- whatever California wants to call it, this unlawful action attempts to undermine federal law,” said Acting Assistant Attorney General Adam Gustafson of DOJ’s Environment and Natural Resources Division...

Facing EPA Attack, Plaintiffs Defend Standing In TSCA Fluoride Appeal

Environmentalist plaintiffs seeking to force EPA to regulate drinking water fluoridation under TSCA are defending their standing to bring suit on the issue, urging a federal appeals court to reject EPA’s effort to discredit a key plaintiff’s standing by arguing the effort comes too late and involves statements subject to reasonable dispute. “There are no unusual or extraordinary circumstances to justify taking judicial notice of facts that EPA could have, but did not present to the district court,” Food and...

Order Likely Dooms Industry Challenge To California GHG-Disclosure Laws

A federal district court’s rejection of industry groups’ push to quickly block implementation of California’s corporate climate disclosure laws likely dooms the challenge because the judge does not expect the groups will succeed on the merits of their claim that the laws violate their First Amendment rights, experts say. “[U]nless this judgment is successfully appealed, the climate disclosures promulgated by California, which mandate disclosures of climate risk for companies with over $500 million in revenue, and the disclosure of Scope...

D.C. Circuit grants EPA pause in legacy CCR rule suit

The D.C. Circuit is granting EPA’s motion to hold in abeyance industry-brought litigation challenging its Biden-era rule governing legacy coal combustion residuals (CCR) surface impoundments pending the agency’s reconsideration of the measure. The U.S. Court of Appeals for the D.C. Circuit issued an Aug. 13 order in the suit City Utilities of Springfield, Missouri v. EPA, et al. , granting EPA’s motion asking the court to hold the case in abeyance until Dec. 15 while it reconsiders the measure. The...

California Court Bars WRCB From Using TST In Permits But Impact Unclear

A California state appellate court has blocked the Water Resources Control Board (WRCB) from using an EPA toxicity test when crafting discharge permits, a significant victory for dischargers who have long sought to block use of the test, though experts are downplaying the practical effect of the ruling. A three-judge panel of California’s Fifth District Court of Appeal ruled Aug. 5 in Camarillo Sanitation District, et al. v. WRCB that regulators cannot use EPA’s test of significant toxicity (TST)...

L.A. Water Board Details Defense Of SSFL Cleanup Permit In Appellate Court

Attorneys representing the Los Angeles regional water board are detailing their defense of strict testing, cleanup and monitoring requirements contained in a water permit for cleanup at the Santa Susana Field Laboratory (SSFL), pushing back on a state appellate court suit brought by aerospace giant Boeing Co. “The Regional Board imposed these requirements to investigate and maintain the quality of stormwater discharged from a former nuclear and missile testing site, based on record evidence that uncontrolled pollutants were being discharged,”...

EPA Floats Plan To Scrap Biden-Era PM2.5 Air Standards By February

EPA says it intends to release its eagerly anticipated proposal to roll back tougher Biden-era federal air quality standards for fine particulate matter (PM2.5) this fall, with a final rule due in February, as the agency seeks to keep a lawsuit on the issue in abeyance, although environmentalists will likely oppose any further litigation delay. In an Aug. 13 motion to govern proceedings in Commonwealth of Kentucky, et al. v. EPA, et al. , EPA seeks a further 45-day abeyance...

Environmentalists Threaten Suit Over ESA Violations In Biden-Era 404 Rule

The Center for Biological Diversity (CBD) is threatening to sue EPA over alleged Endangered Species Act (ESA) violations in connection with the Biden-era rule allowing states and authorized tribes to assume and administer Clean Water Act (CWA) section 404 permitting programs, citing a failure to consult with federal wildlife agencies. CBD sent EPA Administrator Lee Zeldin a July 30 notice of intent to sue (NOI), saying that in revising the 404 assumption rule “EPA has violated the ESA by failing...

EPA Floats Power Plant ELG Deadline Extension As Officials Weigh Rollbacks

The Trump EPA is floating for interagency review a draft plan delaying compliance with zero-discharge requirements in a Biden-era rule governing effluent limitations for power plants, though officials are asking a federal appellate court to delay litigation over the regulation as they weigh more substantive revisions. According to the Office of Management and Budget (OMB), EPA Aug. 11 submitted for interagency review its proposed rule extending zero-discharge compliance deadlines. The agency floated the proposal on the same day it filed...

EPA Plans Quick Finalization Of Federal CCR Permit Plan Amid Rule Review

EPA is planning to quickly finalize a rule creating a federal coal combustion residuals (CCR) permit program that would regulate sites in states that lack approved programs, even as officials are separately seeking to delay until December a pending suit over the Biden-era legacy CCR rule while officials review it. EPA filed an Aug. 11 motion asking the U.S. Court of Appeals for the District of Columbia Circuit to hold the case, City Utilities of Springfield, Missouri v. EPA, et...

Chemours Appeals Order Requiring Immediate PFAS Discharge Reductions

PFAS manufacturer Chemours is appealing a federal court’s order requiring the company to immediately reduce its discharges of a next-generation PFAS to comply with its wastewater discharge permit, after the judge reinforced the court’s authority to grant preliminary injunctive relief to citizens seeking to enforce the Clean Water Act (CWA). The U.S. Court of Appeals for the 4th Circuit Aug. 12 docketed Chemours’ petition seeking review of Judge Joseph Goodwin’s Aug. 7 order in West Virginia Rivers Coalition (WVRC) v....

Judge Orders Chemours To Curb PFAS Releases In Line With CWA Permit

A federal judge is ordering PFAS manufacturer Chemours to immediately restrict its discharges of a GenX chemical at its Washington Works plant into the Ohio River -- even if that means curbing production -- with the court agreeing with environmentalists that the company’s violations of its Clean Water Act (CWA) permit are causing irreparable harm. In an Aug. 7 order , Judge Joseph Goodwin of the U.S. District Court for the Southern District of West Virginia granted environmentalists’ request for...

EPA Formally Dissolves 2024 Union Contract, As AFGE Vows Litigation

EPA is officially dissolving its contract with the American Federation of Government Employees (AFGE) Council 238, the largest union representing agency employees, dealing a major blow to the union’s ability to function and represent employees in disputes with the agency. The move, which the union announced Aug. 8, will end AFGE’s ability to file grievances on behalf of workers and force union representatives to conduct their business on personal time, a regional union source tells Inside EPA . EPA has...

Some Biofuels Groups Push To Soften Proposed RFS Fuel Import Limits

Some biofuels groups are urging EPA to soften proposed restrictions on imports of biofuel and feedstocks for biofuel production, seeking full RFS credit for feedstocks in order to safeguard domestic producers that rely on imported materials, although some elements of the sector disagree and are fully backing the agency. EPA took public comment through Aug. 8 on its proposed RFS biofuel blending targets for 2026 and 2027, generally drawing praise from biofuel groups that welcome the planned volume increase in...

Some Biofuels Groups Push To Soften Proposed RFS Fuel Import Limits

Some biofuels groups are urging EPA to soften proposed restrictions on imports of biofuel and feedstocks for biofuel production, seeking full RFS credit for feedstocks in order to safeguard domestic producers that rely on imported materials, although some elements of the sector disagree and are fully backing the agency. EPA took public comment through Aug. 8 on its proposed RFS biofuel blending targets for 2026 and 2027, generally drawing praise from biofuel groups that welcome the planned volume increase in...

Environmentalists Outline Legal Case Against EPA’s Utility GHG Rule Repeal

Major environmental groups are detailing their legal case against EPA’s proposal to repeal greenhouse gas standards for power plants, arguing the plan is “fundamentally” at odds with the Clean Air Act’s purpose and that numerous provisions are unlawfully arbitrary including a failure to weigh key emissions implications of the proposal. EPA’s view is “squarely at odds with the statutory text and structure,” says Aug. 7 comments from a half dozen major environmental groups. There, the environmentalists are referring to EPA’s...

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