News & Analysis as of

Environmental Protection Agency (EPA) Motion to Dismiss

Dechert LLP

Dechert Re:Torts - Issue 15

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Previous editions of Re:Torts (It’s (Still) Important Enough to Get It Right; Opioid Public Nuisance Question) have covered decisions that addressed whether various states permit public nuisance claims in connection with the...more

BCLP

PFAS Update: Litigation Trends - Motions to Dismiss

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Marketing campaigns describing products as “green,” “natural,” and “clean” have become increasingly popular as companies seek to attract environmentally conscientious consumers. With a simultaneous increase in public...more

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

CERCLA Cost Recovery: Federal Court Addresses Whether Municipality's Urban Renewal Activities Potentially Constitute Arranger...

A United States District Court (New Hampshire) addressed in an October 13th Order an issue arising out of a Comprehensive Environmental Response, Compensation and Liability Act (“CERCLA”) cost recovery action. See Banfield...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

Mintz

EPA made a mess exercising its Clean Water Act residual designation authority in MA. This week the Judge washed his hands of most...

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This week Massachusetts Federal District Court Judge Richard Stearns dismissed two counts of the Conservation Law Foundation's and Charles River Watershed Association's lawsuit against EPA and stayed until September of next...more

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

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

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,...

Interstate Transport/Ozone: Eighth Circuit Court of Appeals Rejects U.S. Environmental Protection Agency's Motion to Transfer...

The United States Court of Appeals, Eighth Circuit (“Eighth Circuit”) issued an Order on April 25th denying the United States Environmental Protection Agency’s (“EPA”) Motion to Transfer the State of Arkansas’s petition...more

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

Pretreatment Enforcement Discretion/Clean Water Act: Federal Court Addresses Massachusetts Water Utilities Motion to Dismiss

The United States District Court of Massachusetts (“Court”) addressed in a February 17th Memorandum and Order (“Memorandum”) an issue arising out of a Clean Water Act citizen suit action. See Conservation Law Foundation,...more

Fox Rothschild LLP

EPA’s Motion to Dismiss Chemours’ Challenge of the GenX HAL Denied

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As previously reported, The Chemours Company FC, LLC (“Chemours”) filed a Petition for Review with the Third Circuit U.S. Court of Appeals challenging the United States Environmental Protection Agency (“EPA”)’s Health...more

Fox Rothschild LLP

EPA Files Motion to Dismiss ACC Petition for Review of PFOA and PFOS HALs and Reports Proposed MCLs are Expected in 2022

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On September 15, 2022, the U.S. Environmental Protection Agency (“EPA”) filed a motion to dismiss the American Chemistry Council (“ACC”)’s petition for review challenging EPA’s interim Lifetime Health Advisory Levels (“HALs”)...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,...

Arkansas Department of Energy & Environment v. U.S. Environmental Protection Agency: U.S. District Court Addresses 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,...

NPDES Permitting/Clean Water Act: Arkansas Department of Energy & Environment - Division of Environmental Quality and U.S....

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,...

NPDES Permitting/Clean Water Act: U.S. Environmental Protection Agency Motion to Dismiss Arkansas Department of Energy &...

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,...

Section 401/Clean Water Act: Federal Court Addresses EPA Dismissal Motion Related to Challenge to Certification Rule

The United States District Court (Eastern District of Pennsylvania) (“Court”) addressed in a December 18th Opinion and Order (collectively “Order”) the United States Environmental Protection Agency’s (“EPA”) Motion to Dismiss...more

Morgan Lewis - Up & Atom

Whistleblower Complaint Dismissed Based on Employer’s Reasonable Steps to Ensure Employee Safety

The US Department of Labor (DOL) Administrative Review Board (ARB) recently issued a decision in the case of Evans v. US Environmental Protection Agency, ARB Case No. 2017-0008, ALJ Case No. 2008-CAA-00003 (ARB Mar. 17,...more

Foley Hoag LLP - Environmental Law

Massachusetts and Other States Challenge Trump’s Move to Bar State Vehicle Emissions Regulations

Led by California, 23 states, including Massachusetts, have sued the Trump administration challenging new federal regulations that strip the states’ authority to set their own vehicle emissions standards. On December 3, 2019,...more

Flaster Greenberg PC

Federal Judge’s Comments In Willow Grove PFAS Case Suggest Time May Be Approaching When Pennsylvania (And Other States) Will...

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Last week, Law360 reported on a hearing that occurred in the Federal District Court for Eastern Pennsylvania before Judge Gerald Pappert concerning PFAS. The hearing concerned a motion to dismiss brought by the United States...more

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

Municipal Solid Waste Landfills/Clean Air Act: Federal Court Addresses States of California/New Mexico Action Alleging EPA Failure...

The United States District Court (Northern District California) (“Court”) addressed in a December 21st Order an issue involving the Clean Air Act Municipal Solid Waste (“MSW”) Landfill Emission Guidelines. See State of...more

Bergeson & Campbell, P.C.

D.C. District Court Provides Reasons for Denying Defendant’s Motion to Dismiss in Glyphosate Case

On April 30, 2018, the U.S. District Court for D.C. issued a memorandum opinion that sets forth the reasons for its denial of defendant Monsanto Company’s (Monsanto) motion to dismiss in a case in which the plaintiffs allege...more

Bergeson & Campbell, P.C.

Ninth Circuit Simultaneously Denies Motion to Dismiss Without Prejudice and Grants Motion to Expedite

On December 20, 2017, the U.S. Court of Appeals for the Ninth Circuit issued an order in LULAC v. Pruitt, Case No. 17-71636, a case challenging an order denying administrative petitions to revoke the tolerances and cancel the...more

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

Was a New Hampshire Development Authority Required to Obtain a Clean Water Act MS4 Permit?: September 26th Federal Court Opinion

A United States District Court (District of New Hampshire) addressed in a September 26th opinion whether a New Hampshire based development authority should have obtained a Clean Water Act Small Separate Storm Sewer System...more

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

Does an Anti-Duplication Provision Bar a Resource Conservation and Recovery Act Action Against a City System Supplying Water?:...

A United States District Court (Eastern District of California) in a September 1st Order addressed a motion to dismiss a Resource Conservation and Recovery Act (“RCRA”) action brought by a non-profit organization against a...more

Bergeson & Campbell, P.C.

District Court Declines to Rule on Jurisdictional Issues in Neonicotinoid Case until Summary Judgment

In two recent orders issued in the neonicotinoid seed treatment case Anderson v. McCarthy, the U.S. District Court for the Northern District of California declined to take immediate action in response to a motion by the U.S....more

Carlton Fields

Federal Court Dismisses Claims Against Third-Party Administrator

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The Indiana Department of Environmental Management and the Environmental Protection Agency brought certain enforcement actions against Hartford Iron & Metal, Inc. to remediate alleged environmental damage at a scrapyard run...more

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