Making Challenges to an Impaired Waters Listing Stick

This article is reprinted with the permission of Law360, where it originally appeared on July 30, 2014, under the title “Arguing Injury Can Prevent Harm From EPA Water Listing.” The listing of a water body as impaired under the Clean … Continue reading

D.C. Circuit rebuffs another coal mining industry challenge

Last year, we reported on Mingo Logan Coal Co. v. EPA, 714 F.3d 608 (D.C. Cir. 2013).  In that case, a coal mining company argued that the U.S. Environmental Protection Agency (EPA) had exceeded its statutory authority when it invoked … Continue reading

Still standing, still intact: Chesapeake Bay TMDL survives second legal challenge

This past September, in a case currently up on appeal before the Third Circuit, the U.S. District Court for the Middle District of Pennsylvania rejected a challenge to the Chesapeake Bay Total Maximum Daily Load (“Bay TMDL”) brought by several … Continue reading

No tardy slips: First Circuit declines to compel EPA to act on long-pending NPDES permit renewal applications

In a two-page judgment entered earlier this month whose brevity belies its potential significance, the U.S. Court of Appeals for the First Circuit denied a petition for a writ of mandamus submitted by environmental groups seeking to compel EPA to take … Continue reading

Slick attempts to circumvent statute of limitations fail to gain traction with D.C. district court in oil dispersants case

Last week, in Alaska Cmty. Action on Toxics, et al. v. EPA, Civ. A. No. 12-1299 (D.D.C., May 7, 2013), the U.S. District Court for the District of Columbia dismissed claims by environmental groups challenging EPA’s failure to identify the … Continue reading