Tag Archives: Judicial review

Army Reverses Course, Grants Easement for Dakota Access Pipeline; Cheyenne River Sioux Tribe Seeks a Preliminary Injunction and Temporary Restraining Order

On February 8, 2017 the Army Corps of Engineers granted an easement to Dakota Access, LLC, a subsidiary of Energy Transfer Partners, allowing the Dakota Access Pipeline to cross under the Missouri River at Lake Oahe in North Dakota.  The … Continue reading

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Second Series of CPP Litigation Commences

While we await a decision in West Virginia v. EPA, the D.C. Circuit has been handed a new set of CPP challenges to address: petitions seeking review of EPA’s January 17, 2017 denial of petitions for reconsideration and requests for … Continue reading

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Northeast States Move to Intervene in Wisconsin v. EPA

Last week, New York, Maryland, New Hampshire, Rhode Island, Vermont, and Massachusetts filed a joint motion with the D.C. Circuit, seeking to intervene in Wisconsin v. EPA and requesting prompt implementation of the EPA’s Cross-State Air Pollution Rule Update for … Continue reading

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EPA Opposes Motion for Extension of Time for NSPS Briefing

EPA recently filed its opposition to state and industry petitioners’ motion to extend the briefing schedule in their challenge to EPA’s New Source Performance Standards (NSPS) for new power plants.  Petitioners had argued that “[a] short extension of time will allow the … Continue reading

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Outcome of Litigation Hazy for EPA’s Regional Haze Rule

Litigation over EPA’s Regional Haze Rule Federal Implementation Plans for Texas and Oklahoma took another turn this week as EPA and the petitioners/petitioner-intervenors filed their respective status reports with the Fifth Circuit informing the Court of their unsuccessful attempt to … Continue reading

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