Sierra Club

News & Analysis as of

More Injunction Arguments In BLM Fracking Rule Litigation Prior To Major Court Hearing Tomorrow

Several more key filings have come into the federal litigation challenging the Bureau of Land Management’s (BLM) final rule regulating hydraulic fracturing on public lands in advance of the June 23 consolidated preliminary...more

Preliminary Injunction Arguments Pour Into Litigation Against BLM’s Final Fracking Rule

Since our last update on federal litigation in Wyoming challenging the Bureau of Land Management’s (BLM) final rule to regulate hydraulic fracturing on public lands, the flurry of activity continues in advance of the June 23...more

Environmental Notes - June 2015

In this Issue: - EPA Issues SIP Call to Eliminate SSM Defense - EPA and Corps Define “Waters of The United States” - Frequent Questions: EPCRA 313 - Generators Need to be Vigilant About TCLP Sampling...more

EPA Issues SIP Call to Eliminate SSM Defense

EPA has issued a final rule that requires 36 states to revise their State Implementation Plans to eliminate a well-known and often-used Clean Air Act defense for excess emissions. While specific elements of the defense...more

Nothing but Nonsense in New EPA Rule on Emissions

In response to a petition for final rule-making filed by the Sierra Club, the U.S. Environmental Protection Agency issued on May 22, 2015, its final action requiring 36 states to revise their state implementation plans...more

Wyoming, Colorado Seek To Halt BLM’s Fracking Regulations; Environmental Groups Intervene

On the heels of a preliminary injunction motion filed in the action by two industry groups challenging the federal Bureau of Land Management’s (BLM) final rule regulating hydraulic fracturing on public lands, the states of...more

Ninth Circuit Holds Consultation Unnecessary for Wind Energy Project

On May 27, 2015, the U.S. Court of Appeals for the Ninth Circuit provided some additional guidance as to what constitutes agency action for purposes of triggering the consultation requirement under the Endangered Species Act...more

Lawsuit Seeks to Halt Oil Industry Wastewater Disposal Practices

On Thursday, May 7, 2015, two environmental groups filed a lawsuit seeking an immediate halt to oil and gas wastewater injection at 2,500 wells across California. The suit, filed by the Sierra Club and the Center for...more

D.C. District Court Denies Utility’s Intervention Because of Timing

On March 17, 2015, the D.C. District Court denied the Public Service Company of New Hampshire’s (PSNH’s) motion to intervene in a Sierra Club-initiated proceeding urging the U.S. EPA to object to a Title V permit for one of...more

General Permit Shields Mining Company from Liability for Selenium Discharge

In Sierra Club v ICG Hazard , LLC, 2015 WL 643382, the United States Court of Appeals for the Sixth Circuit held that a Kentucky coal mining company could not be sued by an environmental group for discharging selenium into...more

EPA and Sierra Club Reach Partial Settlement in Ozone SIP Litigation

The U.S. Environmental Protection Agency (EPA) and the Sierra Club have entered into a proposed consent decree that would partially resolve a lawsuit brought by the Sierra Club against the agency. Notice of the proposed...more

EPA Proposes Eliminating State Regulations as to Startup, Shutdown, and Malfunction Emissions

Operating conditions during periods of startup, shutdown, and malfunction (SSM) are not normal and often result in unrepresentative emissions that exceed permitted limitations. Originally published in The Natural Gas &...more

Louisiana Denies Drilling-Related Permit in Scenic Waterway

Louisiana has denied a permit to an energy company seeking to use water from a state-designated scenic river for its drilling operations. The decision represents the first time in Louisiana’s history that a permit to draw...more

California Supreme Court Poised To Decide Key CEQA Questions: The Court’s Lineup For 2015

The California Supreme Court’s involvement in CEQA cases has been relatively limited since he statute’s enactment in 1970, with the court taking  review of at most one or two appellate court decisions a year.  The last two...more

DOT Denies Request to Prohibit Shipment of Bakken Crude Oil on Older Tank Cars; Environmental Groups Push Battle to Courtroom

On December 2, 2014 following the Department of Transportation’s (“DOT”) November 7, 2014 denial of their request for an immediate ban on use of older DOT-111 or CTC-111 railcars for the shipment of crude oil from the Bakken...more

CEQA Lawsuit to Enforce Climate Change Mitigation Measure Prevails

On October 29, 2014 the California Court of Appeal affirmed a trial court’s judgment enforcing a mitigation measure adopted by a county in its program environmental impact report (PEIR). As of the date of this blog post,...more

Coastal Commission’s Public Access Easement Found to Be A Taking

In a published decision, the California Court of Appeal for the Second Appellate District rejected the California Coastal Commission’s (“Commission”) finding that there is no rational nexus or rough proportionality between...more

Coastal Commission Erred In Finding Property Owner Is Stuck With Unconstitutional Dedication Condition

In an opinion on rehearing, the Second District Court of Appeal overturned a California Coastal Commission decision that a condition of a county-issued coastal development permit could not be eliminated by a second coastal...more

Supreme Court Adds Another CEQA Case To Its Docket, Will Review Fifth District’s Sierra Club v. County of Fresno (“Friant Ranch”)...

On October 1, 2014, the California Supreme Court granted the Real Party in Interest developer’s petition for review in Sierra Club v. County of Fresno (5th Dist. 2014) 226 Cal.App.4th 704, now unciteable and pending review...more

Federal Court Orders DOT to Respond to Sierra Club’s Unsafe Tank Car Lawsuit

A Federal Court has ordered the Department of Transportation (DOT) to respond to a lawsuit filed by three environmental organizations—Earthjustice, Sierra Club and ForestEthics—in which the parties asked the court to order...more

Environmental Groups Seek to Derail Bakersfield Crude-by-Rail Project

A coalition of environmental groups has filed a lawsuit challenging Kern County’s approval of the first substantial oil-by-rail expansion project at a California refinery, alleging that the comprehensive Environmental Impact...more

Significant Victory for Defendants in Sierra Club Pollution Suit

In Sierra Club v. Energy Future Holdings Corp., No. W-12-CV-108 (W.D. Tex. August 29, 2014), a Texas federal judge recently awarded $6.4 million in attorneys’ fees and costs to the defendants in a pollution suit brought by...more

Environmental Groups Ramp-up the Crude-by-Rail Fight in the Courtroom

Bakken crude producers and midstream transportation companies already experience transportation woes related to inadequate pipeline infrastructure, railroad capacity, tank car supply, rail accidents, and new regulations. But...more

EPA Proposes to Eliminate Affirmative Defenses for Many Clean Air Act Violations

The U.S. Environmental Protection Agency (EPA) issued a proposed rule on September 5, 2014 that would prevent states from including affirmative defenses in their Clean Air Act state implementation plans (SIPs) for emissions...more

Yes, Virginia, It Is Possible To Win A Fee Award Against An Environmental NGO

Last week, Judge Walter Smith, Jr., ordered the Sierra Club to pay more than six million dollars – yes, you read that correctly – to Energy Future Holdings and Luminant Generation, after finding that the Sierra Club’s Clean...more

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