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Xerces Society for Invertebrate Conservation v. Shea
A district court granted summary judgment for conservation groups in a challenge to the Animal and Plant Health Inspection Service's (APHIS') recent update to a program concerning the use of pesticides to suppress grasshopper and cricket outbreaks. The groups argued APHIS' 2019 EIS and five state-le...
Chemours Co. FC, LLC v. United States Environmental Protection Agency
The Third Circuit dismissed for lack of jurisdiction a chemical company's petition to review EPA's health advisory for HFPO-DA, a chemical found in drinking water. The company argued the advisory violated both the procedural and substantive requirements of the APA and the nondelegation doctrine. The...
Vinyl Institute, Inc. v. Environmental Protection Agency
The D.C. Circuit vacated a 2022 EPA order requiring chemical manufacturers/processors to test the chronic toxicity of 1,1,2-trichloroethane pursuant to TSCA. A trade organization representing seven entities challenged the order, arguing EPA failed to comply with several statutory requirements. The c...
Natural Resource Damages Under CERCLA and OPA
Natural resource damages (NRD) under federal law is a statutory cause of action to compensate for injury to natural resources resulting from releases of hazardous substances or oil. Designated officials are authorized under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) and the Oil Pollution Act (OPA), among others, to act as “trustees” on behalf of the public or tribes.