News & Analysis as of

Environmental Protection Agency (EPA) Motion to Vacate

Mintz

Fewer District Court Judges have been asked to vacate EPA's most recent "Waters of the United States" rule. Is that progress?

Mintz on

This week Sam Hess of Inside EPA asked me if I had an opinion as to why there were fewer lawsuits (so far) challenging EPA's eighth attempt to durably determine the reach of the Federal Clean Water Act than there were...more

Bergeson & Campbell, P.C.

Court Grants EPA’s Motion to Vacate and Remand Final Rule on “Strengthening Transparency in Pivotal Science Underlying Significant...

On February 1, 2021, the U.S. District Court for the District of Montana granted the U.S. Environmental Protection Agency’s (EPA) January 31, 2021, unopposed motion to vacate and remand its January 6, 2021, final rule on...more

Burr & Forman

Chemical Safety Rule Delay Challenged in D.C. Circuit

Burr & Forman on

Attorneys General for eleven states filed a challenge in the U.S. Circuit Court of Appeals for the District of Columbia seeking to vacate a recently announced 2-year delay in implementation of chemical safety rules. ...more

Foley Hoag LLP - Environmental Law

Can EPA Keep Winning By Losing? Another Court Remands An EPA Rule Without Vacatur

Last Wednesday, the D.C. Circuit Court of Appeals remanded EPA’s rule exempting stationary engines that operate up to 50 hours per year to supply non-emergency service to power providers from the EPA NESHAP for reciprocating...more

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