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Methyl Tertiary Butyl Ether Products Liability Litigation

A district court denied in part motions to dismiss as time barred Puerto Rico's lawsuit against various oil companies for methyl tertiary butyl ether (MTBE) groundwater contamination. Under Puerto Rico law, once the defendant has established that the injury occurred more than one year prior to the f...

Environmental Integrity Project v. McCarthy

A district court upheld EPA's decision to withdraw a proposed rule that would have required concentrated animal feeding operations (CAFOs) to provide information to the Agency to help facilitate EPA's ability to regulate their discharge of pollutants into the waters of the United States under the CW...

Sierra Club v. United States Army Corps of Engineers

The D.C. Circuit upheld the dismissal of an environmental group's NEPA and CWA claims against the U.S. government in connection with a 593-mile oil pipeline that runs from Illinois to Oklahoma on both public and private lands. Despite the group's claims to the contrary, the government was not requir...

North Dakota v. U.S. Environmental Protection Agency

A district court held that its preliminary injunction enjoining EPA and the U.S. Army Corps of Engineers from implementing the "waters of the United States" rule only extends to the 13 plaintiff states that challenged it. The court found significant prudential reasons to limit the scope of the preli...

Pollinator Stewardship Council v. U.S. Environmental Protection Agency

The Ninth Circuit vacated and remanded EPA's unconditional registration of insecticides containing sulfoxaflor, ordering the Agency to obtain further studies and data regarding the effect of sulfoxaflor on bees, as required by EPA regulations. FIFRA prohibits the use or sale of pesticides that lack ...

United States v. Lipar

A district court dismissed EPA's enforcement action against a developer for filling wetlands in violation of the CWA and ordered the Agency to pay attorney fees the developer incurred defending the suit. Relying on the U.S. Supreme Court's opinion in Rapanos v. United States, 547 U.S. 715, 36 ELR 20...

Ludlow v. BP, P.L.C.

The Fifth Circuit affirmed a lower court decision that investors who bought BP stock soon after the 2010 Deepwater Horizon oil spill may file a class action against the oil company for alleged misrepresentations regarding the oil flow rate after the spill, but that investors who purchased stock befo...