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Petition for Review Environmental Protection Agency (EPA)

Nutter McClennen & Fish LLP

Environment & Energy Insights (September 2024)

Welcome to the September edition of Nutter’s Environment & Energy Insights, a monthly update of current trends in environment and energy law. This month we cover ...more

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

NSPS for Greenhouse Gas Emissions from New, Modified, and Reconstructed Fossil Fuel-Fired Electric Generating Units/Clean Air Act:...

Arkansas Attorney General Tim Griffin and 24 other state Attorney Generals filed on May 9th a Petition for Review (“Petition”) in the United States Court of Appeals for the District of Columbia challenging the recent rule...more

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

Chlorination/Clean Water Act: Amherst Massachusetts POTW: U.S. EPA Environmental Appeals Board Challenge to NPDES Permit

The Town of Amherst, Massachusetts (“Amherst”), filed a November 16th Request for Review before the United States Environmental Protection Agency (“EPA”) Environmental Appeals Board (“EAB”) challenging a Clean Water Act...more

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

Cybersecurity Memorandum: Withdrawal of Document Challenged by Arkansas Attorney General Announced by U.S. Environmental...

The United States Environmental Protection Agency (“EPA”) issued a memorandum on October 11th titled: Withdrawal of Cybersecurity Memorandum of March 3, 2023 (“Withdrawal Memorandum”) The Withdrawal Memorandum was transmitted...more

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

U.S. Environmental Protection Agency Interpretive Memorandum Addressing Cybersecurity: Eight Circuit Court of Appeals Grants Stay...

The United States Court of Appeals for the Eighth Circuit (“Eighth Circuit”) granted a stay of a United States Environmental Protection Agency interpretive rule associated with a March 3rd memorandum titled: Addressing PWS...more

Fox Rothschild LLP

Briefing Continues in Chemours’s Challenge to EPA’s GenX Health Advisory Level

Fox Rothschild LLP on

As previously reported, The Chemours Company FC, LLC (“Chemours”) filed a Petition for Review with the Third Circuit U.S. Court of Appeals challenging the United States Environmental Protection Agency (“EPA”)’s Health...more

Fox Rothschild LLP

EPA’s Motion to Dismiss Chemours’ Challenge of the GenX HAL Denied

Fox Rothschild LLP on

As previously reported, The Chemours Company FC, LLC (“Chemours”) filed a Petition for Review with the Third Circuit U.S. Court of Appeals challenging the United States Environmental Protection Agency (“EPA”)’s Health...more

Fox Rothschild LLP

EPA Files Motion to Dismiss ACC Petition for Review of PFOA and PFOS HALs and Reports Proposed MCLs are Expected in 2022

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On September 15, 2022, the U.S. Environmental Protection Agency (“EPA”) filed a motion to dismiss the American Chemistry Council (“ACC”)’s petition for review challenging EPA’s interim Lifetime Health Advisory Levels (“HALs”)...more

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

Preliminary Effluent Guidelines Program Plan 15: U.S. Environmental Protection Agency Announces Initiation of Meat and Poultry...

A United States Environmental Protection Agency (“EPA”) news release states the agency has released the Preliminary Effluent Guidelines Program 15 (“Plan 15”) which identifies the initiation of a Clean Water Act rulemaking to...more

Snell & Wilmer

Ninth Circuit Court of Appeals Hands EPA and Arizona a Victory

Snell & Wilmer on

On January 9, 2020, the Arizona Center for Law in the Public Interest (“ACLIPI”), on behalf of several individuals, filed with the Ninth Circuit Court of Appeals (“Court”) a Petition for Review (“Petition”) of the United...more

Downey Brand LLP

California Air and Climate Vol 18: EPA Waiver to CARB Regarding “Non-Road” Diesel Engine Regulations Upheld; Phasing Out...

Downey Brand LLP on

Ninth Circuit Upholds U.S. EPA Waiver to CARB Regarding “Non-Road” Diesel Engine Regulations - On February 10, 2021, the U.S. Court of Appeals for the Ninth Circuit denied a challenge to the U.S. Environmental Protection...more

Jones Day

Challenges to Safer Affordable Fuel-Efficient Vehicles Rule Keep Coming

Jones Day on

On June 26 and 29, 2020, the petitioners in Union of Concerned Scientists v. NHTSA, Case No. 19-1230 (D.C. Cir.), filed briefs with the U.S. Court of Appeals for the District of Columbia Circuit, arguing against the first...more

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

Combined Sewer System/NPDES Permit: City/County of San Francisco U.S. EPA Environmental Appeals Board Petition for Review

The City and County of San Francisco (collectively “San Francisco”) filed a January 13th pleading before the United States Environmental Protection Agency (“EPA”) Environmental Appeals Board (“EAB”) titled: Petition for...more

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

Intervention Status Update: Sierra Club Challenge to the U.S. Environmental Protection Agency Approval of Arkansas Haze Plan

The Sierra Club and National Parks Conservation Association (collectively “Sierra Club”) filed a Petition for Review (“Petition”) on November 25, 2019 in the United States Court of Appeals for the Eighth Circuit challenging...more

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

Case Update: Sierra Club Challenge to the U.S. Environmental Protection Agency Approval of Arkansas Haze Plan

As first reported here on December 13th, the Sierra Club and National Parks Conservation sociation (collectively “Sierra Club”) recently filed a Petition for Review (“Petition”) in the United States Court of Appeals for the...more

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

Meat and Poultry Products Industrial Point Source Category/Clean Water Act: Center for Biological Diversity U.S. Court of Appeals...

The Center for Biological Diversity (“CBD”) and a number of other organizations filed a December 18th Petition for Review (“Petition”) challenging the United States Environmental Protection Agency’s (“EPA”) determination...more

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

Regional Haze/Arkansas: Sierra Club Petition for Review Challenging U.S. Environmental Protection Agency Approval of Plan...

The Sierra Club and National Parks Conservation Association (collectively “Sierra Club”) filed a Petition for Review (“Petition”) challenging the United States Environmental Protection Agency (“EPA”) approval of revisions to...more

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

Power Plant/Clean Water Act: Citizen Groups U.S. EPA Environmental Appeals Board Challenge to NPDES Permit

The Sierra Club and other organizations filed a November 1st Petition for Review (“Petition”) before the United States Environmental Protection Agency (“EPA”) Environmental Appeals Board (“EAB”) challenging a Clean Water Act...more

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

Phosphorus/Clean Water Act: Massachusetts Sanitary District U.S. EPA Environmental Appeals Board Challenge to NPDES Permit...

The Greater Lawrence Sanitary District (“District”) filed before the United States Environmental Protection Agency (“EPA”) Environmental Appeals Board an October 25th document titled: Petition for Review of Greater...more

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

U.S. Environmental Protection Agency e-Manifest User Fees: Environmental Technology Council Files United States Court of Appeals...

The Environmental Technology Council (“ETC”) filed a Petition for Review (“Petition”) in the United States Court of Appeals for the District of Columbia challenging the fee schedule issued by the United States Environmental...more

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

U.S. EPA Environmental Appeals Board: Vickery, Ohio Hazardous Waste TSD Facility Challenges Certain Permit Conditions

Vickery Environmental, Inc. (“Vickery”) filed an October 7th Petition for Review (“Petition”) before the United States Environmental Protection Agency (“EPA”) Environmental Appeals Board (“EAB”) challenging certain conditions...more

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

Brine Injection/UIC: U.S. EPA Environmental Appeals Board Addresses Challenges to Class II Permit

The United States Environmental Protection Agency (“EPA”) Environmental Appeals Board (“EAB”) addressed in an August 8th Order challenges to an Underground Injection Control (“UIC”) Class II Permit (“Permit”) issued by the...more

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

Ammonia/Clean Water Act: City of Nezperce, Idaho Challenges NPDES Ammonia Limit Before the U.S. EPA Environmental Appeals Board

The City of Nezperce, Idaho, (“City”) submitted a July 25th Petition for Review (“Petition”) challenging a Clean Water Act National Pollution Discharge Elimination System (“NPDES”) ammonia permit limit for its wastewater...more

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

Plastic Manufacturing Facilities/Clean Water Act: Environmental Organizations Petition U.S. Environmental Protection Agency...

Approximately 270 environmental and community organizations submitted a July 23rd Petition to the United States Environmental Protection Agency (“EPA”) seeking the review and revision of certain Clean Water Act (“CWA”)...more

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

Title V/Clean Air Act: D.C. Circuit Addresses Venue

The District of Columbia United States Court of Appeals (“Court”) addressed in a June 14th opinion a title V Clean Air Act judicial review issue. See Sierra Club v. Environmental Protection Agency, 2019 WL 2479448. The...more

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