After a little more than a year in office, the Trump administration is learning how challenging it is to make regulatory changes. Despite the efforts of EPA Administrator Pruitt, which President Trump has consistently applauded, court challenges and administrative requirements have impeded some of these efforts. Court Challenges Are a Fact of Life for EPA […]Read more "Our System of Government Resists Rapid Change"
Mining company Doe Run Resources and EPA submitted a Consent Decree to a federal court in Missouri that requires Doe Run to address lead contamination at over 4,000 residential properties in St. Francois County, Missouri. The company will test the soils and remediate as needed to ensure the properties meet the cleanup standard of 400 […]Read more "Mining Company and EPA Agree to Cleanup Residential Properties"
The United States Department of Justice (“DOJ”) and Environmental Protection Agency (“EPA”) announced a settlement with XTO Energy Inc. relating to alleged Clean Air Act violations from XTO’s oil and natural gas production operations in North Dakota. Storage Tanks at Oil and Gas Well Pads According to DOJ’s press release, XTO failed to adequately design, […]Read more "XTO Agrees to Settle Air Quality Enforcement Case"
The United States Court of Appeals for the Ninth Circuit refused to block a suit filed by 21 young persons against the federal government. The suit alleges violation of constitutional rights from federal action contributing to climate change. The federal government asked the Ninth Circuit to dismiss the suit after the district (trial level) judge […]Read more "Appeals Court Allows “Youth” Climate Change Suit to Proceed"
The United States Court of Appeals for the Fifth Circuit has overruled a trial court and allowed construction of the Bayou Bridge Pipeline to continue. In allowing construction to continue, the appellate court stated that it is likely that the district judge’s decision to stop construction was an “abuse of discretion.” The case involves claims […]Read more "Appeals Court Allows Bayou Bridge Pipeline Construction to Continue"
In State of Texas v. Morello, the Texas Supreme Court reversed a mid-level appellate court and reinstated a trial court’s judgment making Bernard Morello personally liable for approximately $400,000 in civil penalties for environmental violations. The Company’s History of Permit Violations Morello had been the sole member and manager of While Lion Holdings, a limited liability company. […]Read more "Texas Supreme Court Holds Manager Personally Liable for Environmental Penalties"
On February 8, 2018, the United States Environmental Protection Agency (EPA) released its enforcement statistics for its 2017 fiscal year, which ended September 30, 2017. For this fiscal year, the number of federal criminal environmental cases filed by the United States Department of Justice (DOJ) was less than half of the number that DOJ filed […]Read more "Trends in Federal Enforcement: Fewer Cases but More Prison Time"