Montgomery, County of v. Complete Lawn Care, Inc.
A state appellate court reversed a lower court ruling that struck down a county ordinance banning the use of certain pesticides for cosmetic purposes throughout the county. The lower court concluded the ordinance was preempted by state law, which allowed the sale of pesticides and the use of it on f...
Environmental Defense Fund v. Environmental Protection Agency
The D.C. Circuit granted in part and denied in part an environmental group's petition to review EPA's 2017 Inventory Rule that imposed new reporting requirements under TSCA for chemical manufacturers and processors. The group argued that the rule failed to require companies to substantiate that a ch...
Lighthouse Resources Inc. v. Inslee
A district court stayed a constitutional challenge to the Washington Department of Ecology's decision to deny a coal company a CWA §401 certification for construction of a coal export facility along the Columbia River. The company argued that the Department violated the Commerce Clause by denying t...
Southwestern Electric Power Co. v. United States Environmental Protection Agency
The Fifth Circuit vacated portions of a 2015 EPA rule that set new effluent limitation guidelines (ELGs) for legacy wastewater and combustion residual leachate that are discharged from steam electric power plants. Environmental groups argued that the Agency arbitrarily set the ELGs using an older, l...
Upper Missouri Waterkeeper v. Montana Department of Environmental Quality
A state high court affirmed a lower court's summary judgment for the Montana Department of Environmental Quality in a challenge to the Department's issuance of a NPDES general permit for discharges from municipal separate storm sewer systems (MS4s). An environmental group challenged the permit, argu...