The Sixth Circuit ruled today, in In re: Environmental Protection Agency and Department of Defense, Final Rule: Clean Water Rule: Definition of “Waters of the United States,” case number 15-3751, that it has jurisdiction to hear challenges to the Clean Water Rule, displacing the District Courts. The actions were transferred to and consolidated in the Sixth Circuit by the Judicial Panel on Multi-District Litigation. Eight motions to dismiss have been […]

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The U.S. Environmental Protection Agency (EPA) recently announced it has approved the State Water Resources Control Board’s (SWRCB) new water quality standards for trash in state waters. The standards are part of California’s new Trash Control Policy, designed to keep trash out of streams, lakes, bays, estuaries, coastal, and ocean waters. EPA’s approval puts into effect amendments to the state’s Water Quality Control Plan for the Ocean Waters of California, […]

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U.S. Supreme Court on Tuesday stayed the implementation of EPA’s Clean Power Plan, overruling the D.C. Circuit’s January 21 decision. As a result, EPA is now prevented from implementing the rule until the D.C. Circuit determines the validity of the rule, and the Supreme Court reviews that ruling. The question now before the D.C. Circuit (and to be before the Supreme Court upon review) is whether EPA has the authority […]

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EPA’s Clean Power Plan calls for existing power plants to cut carbon emissions by 32 percent from 2005 levels by 2030. States must start submitting implementation plans by 2018 and start showing emissions reductions by 2022. Industry representatives challenged the rule arguing the EPA doesn’t have the authority under the Clean Air Act to craft the rule. The petitioners requested a stay of its implementation until the challenge could be […]

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