Earlier this month, United States District Court Judge Stephen Wilson held that NL Industries was not liable under CERCLA for air emissions of lead because such emissions did not constitute “disposal” within the meaning of...more
Last month, EPA issued interim health advisories for PFOA and PFOS that took many people’s breath away. It is rather amazing how quickly we’ve moved from parts per billion past parts per trillion to the low parts per...more
This week, the Fish and Wildlife Service and the National Oceanic and Atmospheric Administration issued a rule rescinding the rule issued in 2020 defining “habitat” for the purposes of determining what constitutes “critical...more
On May 25th, Massachusetts filed suit against a number of companies alleged to have manufactured PFAS and/or aqueous film-forming foam. Massachusetts joins a number of other states which have already brought similar...more
Last week, the First Circuit Court of Appeals ruled that a person who enters into an administrative settlement with a state is immune from citizen suits seeking civil penalties, but not immune from suits for declaratory or...more
Earlier this month, the Intergovernmental Panel on Climate Change released Climate Change 2022: Mitigation of Climate Change. As all IPCC reports are, it’s a serious piece of work and not easily summarized at blog length...more
Last week, the District of Columbia Court of Appeals again rejected a FERC NEPA review for failure to assess the climate impacts resulting from the downstream use of natural gas supplied by a gas pipeline upgrade project...more
The Fifth Circuit has stayed an order blocking Biden administration use of the “Interim Estimates” of the social cost of greenhouse gases. The Court did not leave much doubt that the administration will prevail on the...more
In January, I noted that Ameren Missouri had surrendered in its defense of the NSR enforcement action brought by DOJ with respect to the Rush Island generating facility. Ameren Missouri submitted to the Court a proposal to...more
In the first appellate decision to decide the issue since the Supreme Court decision in BP P.L.C. v. Mayor & City Council of Baltimore, the 10th Circuit ruled this week that climate damage claims brought by several Colorado...more
2/10/2022
/ Appeals ,
Clean Air Act ,
Climate Change ,
Energy Sector ,
Environmental Litigation ,
Environmental Protection Agency (EPA) ,
Greenhouse Gas Emissions ,
Municipalities ,
Preemption ,
SCOTUS ,
State and Local Government
I’m not sure it’s even really news at this point, but earlier this week Ameren Missouri announced that it would close its Rush Island Energy Center generating plant early, rather than spend the money to install flue gas...more
Late last week, Judge William Alsup vacated the Trump-era EPA amendments to the regulations governing water quality certifications under section 401 of the Clean Water Act. EPA had requested remand, and made clear that it...more
Late last month, the 9th Circuit Court of Appeals ruled that a public water supplier could be liable in a citizens’ suit brought under the imminent and substantial endangerment provisions of RCRA, where the plaintiff alleged...more
So CEQ has proposed to amend the NEPA regulations in order to eliminate some of the changes made by the Trump Administration in 2020. Important changes include:
• explicit consideration of indirect impacts
• renewed...more
10/12/2021
/ CEQ ,
Clean Energy ,
Energy Sector ,
Environmental Assessments ,
Environmental Impact Statements ,
Environmental Litigation ,
Environmental Policies ,
Infrastructure ,
NEPA ,
Trump Administration ,
Wind Power
Earlier this month, the 9th Circuit vacated the District Court judgment in a Clean Water Act citizens’ suit, because the basis for the judgment had been undermined by the Supreme Court decision in Maui. The decision is not a...more
Yesterday, Judge Rosemary Marquez vacated the Navigable Waters Protection Rule, the misnomer also known as the Trump WOTUS rule. In response to this citizens’ suit challenging NWPR, the Biden EPA and Army Corps of Engineers...more
The 8th Circuit Court of Appeals has largely affirmed a District Court order finding that Ameren Missouri violated the NSR provisions of the Clean Air Act in making major modifications to its Rush Island facility. The...more
Last week, in what may or may not be the last round in the ongoing efforts by Michael and Chantell Sackett to build a house on wetlands in Idaho, the 9th Circuit Court of Appeals found that:
EPA reasonably determined...more
8/27/2021
/ Appeals ,
Enforcement ,
Environmental Litigation ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
Inland Waterways ,
Jurisdiction ,
Mootness ,
US Army Corps of Engineers ,
Water ,
Waters of the United States ,
Wetlands
Last week, the 9th Circuit Court of Appeals rejected a challenge to EPA guidance that suggested a new statistical method, the Test of Significant Toxicity, for determining the toxicity of discharges subject to NPDES permits. ...more
Last week, the 9th Circuit Court of Appeals ruled that EPA’s decision to withdraw its proposed veto of the Army Corps’ Section 404 permit for the Pebble Mine project in Bristol Bay, Alaska, was subject to judicial review. ...more
This week, Judge Karen Green denied Exxon Mobil’s motion to dismiss claims brought by Massachusetts under its Consumer Protection Act. The complaint alleges that Exxon Mobil both mislead Massachusetts investors in its...more
Earlier this Month, Judge James Boasberg, who had previously ruled that the easement allowing construction of the Dakota Access Pipeline must be vacated due to a failure to comply with NEPA, nonetheless declined to issue an...more
Yesterday, the Supreme Court ruled that only settlements that explicitly resolve liability under CERCLA trigger the contribution provisions of section 113 of CERCLA. I have previously commented on the Court’s tendency to...more
The evidence of the harm resulting from PM2.5 exposures keeps rolling in. Earlier this month, Environmental Research published an article titled “Global mortality from outdoor fine particle pollution generated by fossil fuel...more
Last month, I noted that the Trump administration had suffered “one final judicial defeat” – the rejection of its Affordable Clean Energy Rule. Of course, I spoke to soon. Last week, Judge Brian Morris rejected EPA’s rule...more