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Environmental Protection Agency (EPA) Center for Biological Diversity

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The Keys to a Successful FOIA Request

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Want access to James Comey’s private memos detailing his interactions with President Donald Trump? Yeah, so do we. But if you submit a FOIA request for the memos to the FBI or DOJ, it’s pretty much guaranteed to be rejected....more

Mitchell, Williams, Selig, Gates & Woodyard,...

Title V/Clean Air Act: Center for Biological Diversity Notice of Intent to Sue U.S. Environmental Protection Agency Addressing...

The Center for Biological Diversity (“CBD”) sent an August 7th document to the United States Environmental Protection Agency (“EPA”) styled: Notice of Intent to Sue Under the Clean Air Act for Failure to Issue or Deny a...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Title V/Clean Air Act: Center for Biological Diversity Notice of Intent to Sue U.S. Environmental Protection Agency Addressing...

The Center for Biological Diversity (“CBD”) transmitted a May 8th Clean Air Act Notice of Intent to Sue (“NOI”) to the United States Environmental Protection Agency (“EPA”) over an alleged failure to: …issue or deny the...more

Snell & Wilmer

The Revocation of Florida’s Clean Water Act 404 Permitting Program: What It Means Moving Forward in Light of SCOTUS’ Recent...

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Over three years ago, the Trump administration’s Environmental Protection Agency (EPA) gave Clean Water Act 404 permitting powers to the State of Florida. A few days ago, a judge at the U.S. District Court for the District of...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Title V/Clean Air Act: Petition to Object Filed Addressing Gunnison County, Colorado, Coal Mine Permit

The Center for Biological Diversity and WildEarth Guardians (collectively, “CBD”) filed a Clean Air Act Title V Petition to Object (“Petition”) before the United States Environmental Protection Agency (“EPA”) related to Arch...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Phosphogypsum Waste/Process Wastewater/RCRA: Center for Biological Diversity Notice of Intent to Sue U.S. Environmental Protection...

The Center for Biological Diversity (“CBD”) sent a February 13th Notice of Intent to Sue (“NOI”) to the United States Environmental Protection Agency (“EPA”) alleging a failure to perform a nondiscretionary duty under the...more

Nossaman LLP

CBD Lawsuit Challenges Service’s Failure to Prevent Toxic Pesticides from Harming Endangered Species

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On February 1, 2024, the Center for Biological Diversity (CBD) filed an amended complaint (Complaint) in the U.S. District Court of Arizona, alleging the U.S. Fish and Wildlife Service (Service) failed to timely analyze the...more

Holland & Hart LLP

Tenth Circuit Ruling on Temporary Emissions in Colorado Will Have Widespread Impacts on Air Permitting in Western States

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In a decision with implications for air permitting across the West, a divided three-judge panel of the Tenth Circuit Court of Appeals vacated and remanded EPA’s approval of Colorado’s state implementation plan (SIP) based...more

Mitchell, Williams, Selig, Gates & Woodyard,...

State Implementation Plan/Clean Air Act: Federal Appellate Court Addresses Challenge to Colorado Exclusion of Temporary Emissions

The Tenth Circuit United States Court of Appeals (“Court”) addressed in a September 18th Opinion a petition filed by the Center for Biological Diversity (“Center”) alleging that the U.S. Environmental Protection Agency...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Endangered Species Act/Clean Water Act: Federal Court Addresses Challenge to U.S. Environmental Protection Agency Water Quality...

The United States District Court for the District of Arizona (“Court”) addressed in an August 18th Order an alleged violation by the United States Environmental Protection Agency (“EPA”) of the Endangered Species Act (“ESA”)....more

Mitchell, Williams, Selig, Gates & Woodyard,...

Toxic Pollutant/Priority Pollutant Lists/Pretreatment Determinations: Environmental Organizations Petition U.S. Environmental...

The Northwest Environmental Advocates and Center for Biological Diversity (collectively “NEA”) submitted a July 31st document to the United States Environmental Protection Agency (“EPA”) styled: Petition for Rulemaking...more

Mintz

Surprising to see EPA now taking steps to make it easier for states to take over the Federal Government's dredge and fill permit...

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I'm surprised to see the Biden Administration EPA moving forward right now with a rule proposed during the Trump Administration to allow states to take over responsibility for the permitting of "dredge and fill" activities...more

Pillsbury Winthrop Shaw Pittman LLP

EPA Tentatively Rejects the Center for Biological Diversity’s Petition to Regulate PVC as a Hazardous Waste

The EPA’s tentative determination signals the possibility of a future course reversal, and interested parties should consider making public comments, which could influence the outcome of the process. The U.S. Environmental...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Title V/Clean Air Act: Center for Biological Diversity Petition to Object to Colorado Oil and Gas Production Wastewater Treatment...

The Center for Biological Diversity and Grand Valley Citizens Alliance (collectively, “CBD”) filed a November 23rd Petition to Object (“Petition”) to an initial Title V permit (“Permit”) issued by the Colorado Department of...more

Mitchell, Williams, Selig, Gates & Woodyard,...

National Secondary Ambient Air Quality Standards/Clean Air Act: U.S. Environmental Protection Agency and Center for Biological...

The United States Environmental Protection Agency (“EPA”) and Center for Biological Diversity (“CBD”) entered into a September 28th Settlement Agreement (“Settlement”) to resolve certain issues associated with Clean Air Act...more

K&L Gates LLP

Waste Not Want Not: The Impact of EPA's Decision to Consider Reclassifying Discarded Polyvinyl Chloride as a Hazardous Waste

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On 3 May 2022, the Center for Biological Diversity (CBD) announced it had settled its case against the U.S. Environmental Protection Agency (EPA) in Center for Biological Diversity v. U.S. Environmental Protection Agency, et...more

Balch & Bingham LLP

EPA Proposes Deadlines For Acting On Petition To Regulate PVC As Hazardous Waste

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EPA is proposing to enter into a consent decree setting deadlines for the agency to act on a pending petition to list polyvinyl chloride (PVC) as a hazardous waste under the Resource Conservation and Recovery Act (RCRA)....more

Mitchell, Williams, Selig, Gates & Woodyard,...

Polyvinyl Chloride (PVC)/Resource Conservation and Recovery Act: U.S. Environmental Protection Agency and Center for Biological...

The United States Environmental Protection Agency (“EPA”) and Center for Biological Diversity (“CBD”) entered into a proposed Consent Decree (“CD”) addressing a resolution of a judicial action regarding discarded polyvinyl...more

Mitchell, Williams, Selig, Gates & Woodyard,...

U.S. Postal Service Vehicle Acquisition: Sierra Club Files National Environmental Policy Act Judicial Challenge

The Sierra Club and two other environmental organizations filed an April 28th Complaint for Declaratory and Injunctive Relief (“Complaint”) against the United States Postal Service (“Service”) alleging violation of the...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Endangered Species Act/Clean Water Act: Center for Biological Diversity Challenges U.S. Environmental Protection Agency's Water...

The Center for Biological Diversity (“CBD”) filed a Complaint for Declaratory and Injunctive Relief (“Complaint”) in the United States District Court for the District of Arizona against the United States Environmental...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Secondary National Ambient Air Quality Standards/Clean Air Act: Center for Biological Diversity Notice of Intent to Sue U.S....

The Center for Biological Diversity (“CBD”) sent a February 2nd Notice of Intent to Sue (“Notice”) to the United States Environmental Protection Agency (“EPA”) alleging a failure to: . . . complete a mandatory review of the...more

King & Spalding

EPA’s Draft Strategic Plan Emphasizes Resilience and Adaption to Climate Change

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This Client Alert—Part 2 of an ongoing series—provides an overview of one of EPA’s key objectives in its draft Strategic Plan: Developing resilience and adaptation to climate change impacts. Other alerts in the series can be...more

Mintz

EPA's Stormwater General Permit is Safe. Does it Matter?

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A Colorado-based NGO has dropped its 9th Circuit lawsuit challenging EPA's Multi-Sector General Permit for stormwater discharges associated with industrial facilities. On one hand, this is a victory for EPA which...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Title V/Clean Air Act: Center for Biological Diversity Petition to Object to University of North Carolina at Chapel Hill Air...

The Center for Biological Diversity (“CBD”) filed a Petition to Object (“Petition”) to Air Quality Permit No. 03069T36 for the University of North Carolina at Chapel Hill issued by the North Carolina Department of...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Phosphogypsum/Phosphoric Acid Production Wastewater: Center for Biological Diversity Petition to U.S. Environmental Protection...

The Center for Biological Diversity (“CBD”) and a number of other environmental organizations submitted a February 8th document to the United States Environmental Protection Agency (“EPA”) titled: Petition for Rulemaking...more

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