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Category: Litigation

EPA’s Groundwater Guidance Is Vague, Not Likely To Be Finalized

Tue Dec 15th, On Litigation, Rulemaking and Legislative Practice, by

This week the U.S. Environmental Protection Agency (“EPA”) issued a draft guidance on compliance with the Supreme Court decision regarding Clean Water Act (“CWA”) permits for groundwater pollution. The draft guidance narrowly interprets the permitting required by the April Supreme Court decision in County of Maui v. Hawaii Wildlife Fund. In Maui, the Court ruled Clean Water Act permits can be required under certain circumstances when pollution hits groundwater before […]

Environmental Groups Sue Homeland Security To Force Review of Tear Gas Munitions in Portland

Wed Nov 11th, On Litigation, by

In recent months, the city of Portland has been subject to near-nightly barrages of tear gas and other chemical munitions in response to protests. Though local police used some tear gas munitions in response to early protests, the sustained, repeated, high-volume use of CS gas (2-chlorobenzylidene malononitrile) has been deployed by federal troops sent by the Department of Homeland Security (“DHS”) at the behest of the White House, in fulfillment […]

SCOTUS To Decide Procedural Issue In Oil Companies Climate Change Case

Mon Oct 5th, On Litigation, by

The U.S. Supreme Court agreed on Friday to hear an appeal in BP P.L.C. v. Mayor and City Council of Baltimore (No. 19-1189), in which a group of multinational energy companies objected to a lawsuit brought in state court by the City of Baltimore. The suit alleges the oil companies made a deliberate effort to conceal the hazardous climate effects associated with the use and production of their fossil-fuel products. […]

Federal Court Strikes Down Trump Administration Methane Rollback

Mon Jul 20th, On Litigation, by

Last week, a Federal Court vacated a Trump administration rule that weakened Obama-era limits on natural gas methane emissions from drilling on federal and Native American lands. U.S. District Judge Yvonne Gonzales Rogers said the Trump Administration’s rule was flawed and ill-supported, and restored a 2018 Obama era rule. The judge criticized the Trump administration for moving ahead with its decision to loosen regulation without giving proper consideration to the […]

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