On August 13, 2019, the U.S. Environmental Protection Agency (EPA) released the list of 20 chemical substances that it proposes to designate as low-priority substances for which risk evaluation under the Toxic Substances Control Act (TSCA) is not warranted at this time. The pre-publication version of EPA’s proposed rule provides a summary […]
Tribal Sovereign Immunity: Ninth Circuit Dismisses Environmental Challenge to Navajo Coal Mining In a decision with potentially far-reaching implications for future litigation affecting tribal property, the Ninth Circuit dismissed on sovereign immunity grounds an environmental challenge to reauthorization of coal mining activities on land reserved to the Navajo Nation. The […]
United States Dismisses Fifth Circuit Luminant Appeal August 14, 2019 – Eric L. Hiser Less than one month after Luminant Generation won its motion for rehearing en banc in United States v. Luminant Generation Co., the United States filed a motion to dismiss the appeal and, on August 9, 2019, the Fifth […]
EPA Draft Risk Evaluation for 1-BP Finds Unreasonable Risks to Workers, Occupational Non-Users, Consumers, and Bystanders under Certain Specific Uses The U.S. Environmental Protection Agency (EPA) released on August 9, 2019, the draft risk evaluation for 1-bromopropane (1-BP), the fourth of the first ten chemicals undergoing risk evaluation under the […]
On April 4, 2019, the Supreme Court of Canada denied the Ecuadorian plaintiffs leave to appeal from an Ontario Court of Appeal decision. By denying leave, the Supreme Court ended the Ecuadorians’ pursuit to enforce, through Chevron Canada Limited, a $9.5 billion Ecuadorian judgment against Chevron Corporation. Click here to […]