Government Urges Dismissal Of Carbon Dioxide Lawsuits

WASHINGTON, D.C. - (Mealey's) The federal government on Aug. 25 asked the U.S. Supreme Court to vacate a lower court decision to reinstate two lawsuits seeking to limit carbon dioxide emissions, arguing that new greenhouse gas regulations have displaced public nuisance cause of actions ( American...

Judge: LA Port's Clean Trucks Program Can Proceed

LOS ANGELES - (AP) A federal judge ruled Thursday that the Port of Los Angeles can regulate trucks that haul goods in and out of its property to reduce air pollution around the country's busiest port complex. U.S. District Court Judge Christina Snyder ruled that the port's Clean Trucks Program...

EPA Fines BP $15 Million For Texas City Violations

HOUSTON - (AP) The U.S. Environmental Protection Agency and the Department of Justice have slapped a $15 million fine on BP for Clean Air Act violations at the oil company's Texas City refinery. Full version available to lexis.com subscribers .

U.S. High Court Agrees To Take Up Case Over Energy Companies' Emissions

WASHINGTON, D.C. -- (Mealey's) The nation's high court on Dec. 6 granted a petition for certiorari filed by five power companies seeking review of a Second Circuit U.S. Court of Appeals ruling reinstating two Clean Air Act (CAA) lawsuits brought by eight states seeking to limit the companies'...

Environmentalists Sue ExxonMobil Over Air Pollution

HOUSTON - (AP) The largest U.S. oil refinery released 8 million pounds of illegal pollution in the last five years, violating federal air pollution laws thousands of times, according to a lawsuit filed Tuesday by environmental groups. The lawsuit against ExxonMobil is the latest by Sierra Club and Environment...

Feds Sue Pennsylvania Coal Plant Operators Over Pollution

HOMER CITY, Pa. - (AP) The federal government on Thursday sued several companies over a coal-burning electricity generating plant, calling it "one of the largest air pollution sources in the nation" and asking the court to keep it from operating unless it meets Clean Air Act standards. The...

EPA Pursues Michigan's Largest Coal-Fired Plant

MONROE, Mich. - (AP) A Michigan utility spent $65 million last year replacing key parts at the state's largest coal-fired power plant. When regulators found out, they hauled the company into court for what it didn't do: Spend millions more at the same time to greatly eliminate air pollution....

New Climate Change Case Headed To U.S. Supreme Court

WASHINGTON, D.C. - (AP) The Obama administration and environmental interests generally agree that global warming is a threat that must be dealt with. But they're on opposite sides of a Supreme Court case over the ability of states and groups such as the Audubon Society that want to sue large electric...

High Court Hears Arguments Over States' Lawsuits Against Power Companies

WASHINGTON, D.C. - (Mealey's) The U.S. Supreme Court on April 19 heard oral arguments over whether it should uphold a Second Circuit ruling reinstating two lawsuits brought by eight states seeking to limit emissions from five power companies under the Clean Air Act (CAA) ( American Electric Power...

BP Agrees To $25 Million Penalty For 2006 Alaska Spills

ANCHORAGE, Alaska - (AP) BP's subsidiary in Alaska will pay a $25 million civil penalty under a settlement announced Tuesday that comes five years after more than 200,000 gallons of crude oil spilled from company pipelines on the North Slope. The penalty is the largest per barrel civil penalty assessed...

BP Exploration Alaska To Pay $25 Million For North Slope Oil Spill

WASHINGTON, D.C. - The U.S. Environmental Protection Agency (EPA), the U.S. Department of Justice and the U.S. Department of Transportation's Pipeline and Hazardous Materials Safety Administration (PHMSA) on May 4 announced that BP Exploration Alaska, Inc. will pay $25 million in civil penalties...

Federal Court Won't Dismiss Lawsuit Against Exxon Mobil

HOUSTON - (AP) A federal court will allow environmental groups to pursue a lawsuit that accuses the largest U.S. refinery of violating federal air pollution laws thousands of times in the past five years. The U.S. District Court Southern District on Tuesday dismissed a request by Exxon Mobil Corp. to...

High Court Reverses 2nd Circuit Ruling Allowing States' Lawsuits Over Greenhouse Gases

WASHINGTON, D.C. - (Mealey's) The U.S. Supreme Court on June 20 unanimously reversed a Second Circuit U.S. Court of Appeals ruling that allowed five states to pursue lawsuits under the Clean Air Act (CAA) that sought court-imposed limits on the greenhouse gas (GHG) emissions discharged by a number...

Railroads Threatened With Lawsuits Over Diesel Exhaust

LOS ANGELES - (AP) An environmental group threatened to sue two of the nation's biggest rail owners Tuesday under a novel legal theory that would classify diesel exhaust as hazardous waste. The Natural Resources Defense Council sent letters to Union Pacific Corp. and Burlington Northern Santa Fe...

Alston & Bird LLP's Jonathan Wells On The Suprme Court's American Electric Power Ruling

By Jonathan Wells , Senior Associate, Alston & Bird LLP The United States Supreme Court has ruled that federal courts cannot use the federal common law of nuisance to regulate greenhouse gas emissions. In American Electric Power v. Connecticut, No. 10-174, 540 U.S. ___ (2011), the Court reversed...

The Cost Of Environmental Damage: Refineries, Pesticide Manufacturer Pay Out $150 Million In Recent Settlements Of Separate Suits

While the Gulf Oil Spill has communities and government agencies focusing on mitigation and prevention, not to mention restitution, the United States is joining with states around the country to ensure that environmental laws are being enforced for everyday actions. In the past several weeks, the LexisNexis...

EPA's Greenhouse Gas Rules Unanimously Backed By Federal Appeals Court

WASHINGTON, D.C. - (Mealey's) A panel of the District of Columbia Circuit U.S. Court of Appeals on June 26 found that rules and findings by the U.S. Environmental Protection Agency that regulate greenhouse gas emissions from cars, light trucks and large, stationary emission producers are neither...

Steptoe & Johnson PLLC: Clean Air Transport Rule Thrown Out

Author: Katerina E. Milenkovski The United States Court of Appeals for the District of Columbia Circuit yesterday vacated US EPA's Cross-State Air Pollution Rule, finding that it violates federal law. The Cross-State Air Pollution Rule, commonly referred to as CSAPR or the Clean Air Transport...

Williams Mullen Alert: D.C. Circuit Rejects EPA's Latest Attempt to Curb Interstate Air Pollution

BY: SEAN M. SULLIVAN For the second time in five years, the United States Court of Appeals for the District of Columbia Circuit has thrown out EPA's scheme to prevent upwind states' emissions from interfering with their downwind neighbors' efforts to comply with the National Ambient Air...

2nd Circuit Affirms $104 Million MTBE Contamination Verdict Against Exxon

NEW YORK — (Mealey’s) The Second Circuit U.S. Court of Appeals on July 26 affirmed a $104.6 million methyl tertiary butyl ether (MTBE) contamination verdict for New York City against Exxon Mobil Corp., finding in part that the state tort verdict is not preempted by the Clean Air Act ( In...

William A. Ruskin: Does Preemption Prevent Redress For Homeowners Impacted By Polluters' Air Emissions?

By William A. Ruskin On April 23, 2012, residents of rural Muscatine, Iowa filed a class action lawsuit titled, Laurie Freeman et al. v. Grain Processing Corporation (case no. LACV 021232), in the Iowa District Court for Muscatine County. The defendant, Grain Processing Corporation, is an Iowa manufacturer...

Texas Federal Judge Imposes Maximum $2 Million Fine On Felony Pollution Counts

CORPUS CHRISTI, Texas — (Mealey’s) A Texas federal judge on Feb. 5 imposed fines totaling more than $2 million on convictions stemming from oil/water separation tanks that had been operated without the required covers for nearly 10 years, polluting the air and causing the deaths of migratory...

High Court Hears Arguments On EPA’s Ability To Regulate Greenhouse Gases

WASHINGTON, D.C. — (Mealey’s) The U.S. Supreme Court on Feb. 24 heard oral arguments on whether the U.S. Environmental Protection Agency overstepped its bounds by regulating greenhouse gas emissions from stationary sources such as power plants ( Utility Air Regulatory Group v. U.S. Environmental...

Supreme Court Reverses Ruling Giving States Second Chances At Emissions Plans

WASHINGTON, D.C. — (Mealey’s) In a 6-2 ruling, the U.S. Supreme Court on April 29 reversed a District of Columbia Circuit U.S. Court of Appeals decision that states are excused from adopting implementation plans prohibiting emissions that “contribute significantly” to air pollution...

Judge Denies Monitoring, Future Medical Expenses In Criminal Pollution Case

CORPUS CHRISTI, Texas — (Mealey’s) Compensation for future medical expenses, court-ordered medical monitoring and relocation from allegedly polluted properties is not justified by the evidence, the Texas federal judge sentencing CITGO Petroleum Corp. for criminal pollution violations said...