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Pending is the motion for summary judgment filed February 21 2017 by the United States Environmental Protection Agency ("EPA") and Scott Pruitt in his official capacity as Administrator (collectively "defendants") and the motion for summary judgment as
Dec 26 2018A district court granted an environmental group's motion for partial summary judgment against EPA for failure to respond to the group's FOIA requests The group argued that the Agency violated FOIA by not making a determination whether to comply with the group's four FOIA requests within 20 business days of receipt
Oct 02 2020Motion for Summary Judgment Cites Environmental Racism Damage to Wetlands Failure to Protect Graves WASHINGTON - Opponents of Formosa Plastics' plan to build one of the world's largest plastic plants in St James Parish Louisiana have filed a motion seeking a judgment in their lawsuit challenging the project's federal approval
Jul 02 2020The parties are currently briefing motions for summary judgment but with the EPA temporary policy terminating the case may become moot The environmental groups are nonetheless still arguing that disclosure of the requested documents are necessary for the public to know which companies have utilized the EPA policy and to ensure that past
Waterkeepers Washington moves for summary judgment against Defendants U S Environmental Protection Agency and Administrator Gina McCarthy EPA and the Administrator have failed to comply with the nondiscretionary obligation under 33 U S C 1313(c)(4) to
The motion for summary judgment co-led by AG Healey New York Attorney General Letitia James California Attorney General Xavier Becerra and the Environmental Defense Fund is a part of a lawsuit brought in April 2018 against the Environmental Protection Agency (EPA) for violating the federal Clean Air Act by unreasonably delaying its
Jul 27 2017NOTICE OF MOTION AND MOTION FOR SUMMARY JUDGMENT On September 5 2017 at 9:00 a m or as soon as possible thereafter Plaintiffs Sierra Club et al (collectively "Conservation and Tribal Citizen Groups") will move for summary judgment pursuant to Federal Rule of Civil Procedure 56 Conservation and Tribal Citizen Groups seek an
Id at 1360 Summary judgment is improper however "if the evidence is such that a reasonable jury could return a verdict for the nonmoving party " Anderson 477 U S at 248 Guevara v NCL (Bahamas) Ltd 920 F 3d 710 720 (11th Cir 2019) II Analysis Defendants move for summary judgment on the issue of standing arguing
U S Environmental Protection Agency Region 5 230 South Dearborn St Chicago IL 60604 RE: Town of Hallie et al v city of Eau Claire Case No 91 cv 85 Dear Mr Gifford: Enclosed for your information is a Motion for Summary Judgment and supporting documents filed by the Town of Hallie and Hallie Sanitary District No 1 in the above action
On July 8 2020 Judge McMahon of the United States District Court for the Southern District of New York ruled that the Natural Resources Defense Counsel and other environmental organizations failed to show that they were injured by EPA's purported "unreasonable delay" and therefore granted summary judgment in favor of EPA
Expanded Expert Judgment Assessment of the Concentration-Response Relationship between PM 2 5 Exposure and Mortality (Prepared by Industrial Economics Incorporated [IEc] for the U S Environmental Protection Agency [EPA] Research Triangle Park NC August 25 2006)
Jul 14 2020The plaintiffs in one of several lawsuits challenging the Navigable Waters Protection Rule have asked a federal court to vacate the rule In a motion for summary judgment filed at the end of last week the South Carolina Coastal Conservation League alleges the EPA's new rule is "arbitrary capricious and unlawful" and asked the U S District Court for the District of South Carolina to
UNITED STATES ENVIRONMENTAL ) PROTECTION AGENCY ) ) Defendant ) _____ ) OPINION On August 24 2015 the Environmental Protection Agency filed a motion for summary judgment urging the Court to dismiss this Freedom of Information Act complaint filed by the Competitive Enterprise Institute for failure to exhaust administrative remedies On March
Environmental Defense Fund (collectively Plaintiffs) by and through the undersigned counsel hereby move for summary judgment pursuant to Federal Rule of Civil Procedure 56and Local Civil Rule 7(h) This motion is based on the points and authorities set forth in an accompanying
On Monday Food Water Watch and the Environmental Integrity Project joined other groups in filing a request for summary judgment in the U S District Court for the District of Columbia that would require the EPA to reverse its guidance issued in 2017 that exempted factory farms from reporting their toxic emissions from animal waste under EPCRA
At the summary judgment stage the court may not resolve issu es of fact disputed material facts must be left for resolution at trial Anderson v Liberty Lobby Inc 477 U S 242 249-50 (1986) Cross-motions for summary judgment are considered separately and each party requesting summary judgment must satisfy the above standard before
October 4 2017 The plaintiffs move for summary judgment March 12 2018 Twenty eight Democratic Senators send a letter to EPA Administrator Pruitt expressing concern with the EPA's plans to re-open the CPA for revisions March 21 2018 The Northern District of CA grants plaintiffs' motion for summary judgment The Court found EPA's
Sep 17 2018In plaintiffs' ensuing lawsuit the District Court granted plaintiffs' motion for summary judgment concluding that "EPA acted arbitrarily and capriciously in denying Plaintiffs' permits and leaving the stormwater discharges at issue unregulated " Order at 7
Jul 31 2020In a shocking ruling Judge Chhabria in the U S District Court for the Northern District declined to rule on cross motions for summary judgment until the EPA completed a 30 month rulemaking process on the "technology-based standards" list under the Clean Air Act
Waterkeepers Washington moves for summary judgment against Defendants U S Environmental Protection Agency and Administrator Gina McCarthy EPA and the Administrator have failed to comply with the nondiscretionary obligation under 33 U S C 1313(c)(4) to
Jul 14 2020Posted on July 14 2020 EPA Violated TSCA by Refusing to Require Industry to Report on Importation and Use of Asbestos ADAO and Five Leading Organizations Take Strong Position in Federal Court Washington D C – The Asbestos Disease Awareness organization (ADAO) the American Public Health Association Center for Environmental Health Environmental Working Group Environmental
Mar 30 2020The U S Environmental Protection Agency (EPA) approved the RI in 2008 In 2011 the EPA approved the Feasibility Study (FS) for Operable Unit (OU) 1 defined as on-site soil and groundwater contamination The EPA selected a remedy for OU-1
A motion for summary judgment puts a party to its proof as to those claims on which it bears the burdens of production and persuasion For the EPA to prevail on a motion for accelerated decision where there is an affirmative defense as to which Respondent ultimately bears such burdens EPA initially must show that there is an absence of
Environmental Defense Fund (collectively Plaintiffs) by and through the undersigned counsel hereby move for summary judgment pursuant to Federal Rule of Civil Procedure 56and Local Civil Rule 7(h) This motion is based on the points and authorities set forth in an accompanying
UNITED STATES ENVIRONMENTAL ) PROTECTION AGENCY ) ) Defendant ) _____ ) OPINION On August 24 2015 the Environmental Protection Agency filed a motion for summary judgment urging the Court to dismiss this Freedom of Information Act complaint filed by the Competitive Enterprise Institute for failure to exhaust administrative remedies On March
Jul 14 2020Posted on July 14 2020 EPA Violated TSCA by Refusing to Require Industry to Report on Importation and Use of Asbestos ADAO and Five Leading Organizations Take Strong Position in Federal Court Washington D C – The Asbestos Disease Awareness organization (ADAO) the American Public Health Association Center for Environmental Health Environmental Working Group Environmental
A motion for summary judgment puts a party to its proof as to those claims on which it bears the burdens of production and persuasion For the EPA to prevail on a motion for accelerated decision where there is an affirmative defense as to which Respondent ultimately bears such burdens EPA initially must show that there is an absence of
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