News & Analysis as of

Declaratory Relief Environmental Protection Agency (EPA)

Cozen O'Connor

Republican AGs Pour Cold Water on New EPA Rule

Cozen O'Connor on

A group of 11 Republican AGs and several energy industry groups filed a lawsuit against the EPA challenging the 2023 Water Quality Certification Rule, which revises the Clean Water Act’s (CWA) permitting process to allow...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Arkansas Department of Energy & Environment - Division of Environmental Quality V. U.S. Environmental Protection Agency:...

As noted in an April 27th blog post, the Arkansas Department of Energy & Environment – Division of Environmental Quality (“DEQ”) filed a Complaint for Declaratory and Injunctive Relief (“Complaint”) in the United States...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Arkansas Department of Energy & Environment v. U.S. Environmental Protection Agency: U.S. District Court Grants Joint Motion to...

As noted in an April 27th blog post, the Arkansas Department of Energy & Environment – Division of Environmental Quality (“DEQ”) filed a Complaint for Declaratory and Injunctive Relief in the United States District Court...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Ozone National Ambient Air Quality Standards/Clean Air Act: Environmental Organizations File Judicial Action Alleging U.S....

Earthjustice on behalf of several other environmental organizations filed a Complaint for Declaratory and Injunctive Relief (“Complaint”) on June 7th against the United States Environmental Protection Agency (“EPA”) for an...more

Mitchell, Williams, Selig, Gates & Woodyard,...

U.S. Postal Service Vehicle Acquisition: Sierra Club Files National Environmental Policy Act Judicial Challenge

The Sierra Club and two other environmental organizations filed an April 28th Complaint for Declaratory and Injunctive Relief (“Complaint”) against the United States Postal Service (“Service”) alleging violation of the...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Startup, Shutdown and Malfunction/State Implementation Plans: Sierra Club Judicial Complaint Alleges U.S. Environmental Protection...

The Sierra Club, Environmental Integrity Project, and Natural Resources Defense Council (collectively “Sierra Club”) filed a September 9th citizen suit Complaint for Injunctive and Declaratory Relief (“Complaint”) against the...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Title V/Clean Air Act: Environmental Integrity Project Lawsuit Challenges U.S. Environmental Protection Agency's Alleged Failure...

The Environmental Integrity Project (“EIP”) and three other environmental organizations filed a Complaint for Declaratory and Injunctive Relief (“Complaint”) in the United States District Court for the District of Columbia...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Yazoo Backwater Area Pumps Project: U.S. Environmental Protection Agency Sued for Failing to Issue 404 Veto

The environmental organization Earthjustice filed a Complaint for Declaratory and Injunctive Relief (“Complaint”) in the United States District Court for the District of Columbia against the United States Environmental...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Waters of the United States Rule/Clean Water Act: U.S. District Court (California) Judge Rejects Request to Enjoin June 22nd...

United States District Court (Northern District of California) (“Court”) Judge Richard Seeborg issued a June 19th Order denying a number of states’ requests for a preliminary injunction of the June 22nd effective date of the...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Human Health Criteria/Clean Water Act: Washington State Attorney General Challenges U.S. Environmental Protection Agency Revision...

The Washington State Attorney General (“AG”) filed a June 6th Complaint for Declaratory and Injunctive Relief (“Complaint”) in United States District Court (Western District of Washington) against the United States...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Coke Oven Source Categories/Clean Air Act: Citizens Suit Alleges EPA Violation of Non-Discretionary Duty

The Sierra Club and other environmental organizations (collectively “Sierra Club”) filed an April 15th Complaint for Declaratory and Injunctive Relief (“Complaint”) against the United States Environmental Protection Agency...more

Proskauer - Insurance Recovery & Counseling

Texas Says EPA Administrative Actions under CERCLA Trigger Duty to Defend

As any company facing EPA administrative action under CERCLA knows, the financial risk and defense costs associated with those proceedings can be the same as the risk and costs of an EPA lawsuit under CERCLA. But insurers...more

Manatt, Phelps & Phillips, LLP

Insurance Recovery Law - July 2015 #2

California Court: Rejected Demand Within Policy Limits Not Necessary for Bad Faith Claim - Why it matters: Insurers must proceed with caution when they become aware that a settlement within policy limits is possible,...more

Eversheds Sutherland (US) LLP

New Source Review Update: Courts Limit Aggregation for Major Source Determination and Challenges to NSR Pre-Project Emissions...

Pennsylvania Court Limits NSR Permit Aggregation - In February, the Middle District of Pennsylvania struck down an environmental group’s challenge that Ultra Resources should have aggregated eight compressor stations...more

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