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document October 31, 2018

Notice of Intent: Methylene Chloride

To Acting EPA administrator Wheeler — on behalf of the mothers of two young men who recently died from methylene chloride exposure, Labor Council for Latin American Advancement, Safer Chemicals Healthy Families, and Vermont Public Interest Research Group — over the U.S. EPA’s failure to finalize a ban on the use of this lethal chemical in paint strippers.

document October 30, 2018

Aggregate Compliance Petition

Groups filed a petition with U.S. EPA asserting the agency has illegally allowed millions of acres of wildlife habitat to be converted to corn and soybean crops to satiate the U.S. biofuels policy under the Renewable Fuels Standard.

document October 30, 2018

Aggregate Compliance Fact Sheet

This fact sheet details why EPA’s “aggregate compliance” approach to the definition of “renewable biomass” under the renewable fuel standard program must be amended in order to prevent conversion of native grassland.

document October 25, 2018

2018 Audited Financials

Report of independent auditors and financial statements

document October 24, 2018

Clean Air Act Deadline Enforcement: Court Order Directing U.S. EPA to Issue Findings

It is hereby ordered and declared that: Defendants Andrew Wheeler, Acting Administrator of the U.S. Environmental Protection Agency, and Mike Stoker, Regional Administrator, Region 9, EPA, are in violation of the Clean Air Act with regard to their mandatory, nondiscretionary duty under 42 U.S.C. § 7410(k)(1)(B) to make findings that the State of California has failed to submit for the San Joaquin Valley three overdue nonattainment state implementation plans addressing nonattainment of the 1997, 2006, and 2012 National Ambient Air Quality Standards for fine particulate matter (PM2.5).

document October 22, 2018

CCR Rule Phase One, Part One Petition For Review

Pursuant to Section 7006(a)(1) of the Resource Conservation and Recovery Act, 42 U.S.C. § 6976(a)(1), Federal Rule of Appellate Procedure 15, and D.C. Circuit Rule 15, Waterkeeper Alliance, Inc., Clean Water Action, Prairie Rivers Network, Hoosier Environmental Council, HEAL Utah, and Sierra Club file this petition for review of the final action of Respondents United States Environmental Protection Agency and Andrew Wheeler, Acting Administrator of the United States Environmental Protection Agency, entitled Hazardous and Solid Waste Management System: Disposal of Coal Combustion Residuals From Electric Utilities; Amendments to the National Minimum Criteria (Phase One, Part One) 2 and issued on July 30, 2018. See 83 Fed. Reg. 36,435 (July 30, 2018).

document October 10, 2018

Testimony: From Rocky Mountain Tribal Leaders Council, the Great Plains Tribal Chairman’s Association, and the Blackfoot Confederacy on Yellowstone Grizzlies

Thirty-one tribes submit letter to Senate Environment and Public Works Committee Hearing: Oct. 10, 2018

document October 10, 2018

Fairbanks: 60-Day Notice of Intent to File Clean Air Act Citizen Suit

Fairbanks community groups, frustrated over lack of action to address dirty air, notify of intent to sue EPA for missing its fourth deadline in as many years.

document October 9, 2018

Petition for Review: Dominion Energy Cove Point, FERC Orders

Petitioning the D.C. Circuit Court of Appeals for review of orders of the Federal Energy Regulatory Commission.

document October 8, 2018

Background information for court ruling on motion to dismiss in Massachusetts Lobstermen’s Association

On the lawsuit challenging Northeast Canyons and Seamounts Marine National Monument

document October 8, 2018

Expert Testimony of Dr. David J. Mattson, grizzly bear scientist

Written testimony for the Senate Environment and Public Works Committee: Oct. 8, 2018

document October 5, 2018

OPINION: Federal Court Upholds Protections for Oceans, National Monuments

A federal court dismissed an industry challenge to the first marine national monument in the U.S. Atlantic Ocean.

document September 28, 2018

ACRE Title VI Complaint

The Alabama Department of Public Health and the Lowndes County Health Department face a federal civil rights complaint that alleges both agencies discriminated against African American residents of Lowndes County, Ala.

document September 28, 2018

Comments on PFAS National Leadership Summit and Engagement, Docket ID No. EPA-HQ-OW-2018-0270

Earthjustice submits these comments on behalf of the undersigned organizations and individuals in response to EPA’s request for information from the public for the purpose of “informing specific near-term actions, beyond those already underway, that are needed to address challenges caused by per- and polyfluoroalkyl substances (PFAS) currently facing states and local communities.”

document September 28, 2018

Complaint: BLM Methane Rule Rescission

This case challenges the U.S. Bureau of Land Management’s final rule, 83 Fed. Reg. 49,184, rescinding almost all provisions of the Waste Prevention, Production Subject to Royalties, and Resource Conservation Rule, 81 Fed. Reg. 83,008. The Rescission Rule unlawfully revokes reasonable protections designed to limit waste of natural gas by oil and gas companies on federal public and Indian lands resulting from venting, flaring (burning gas without capturing its energy), and equipment leaks.

document September 28, 2018

Complaint Challenging EPA Factory Farm Pollution Exemption

Legal complaint challenging a Trump administration policy that unlawfully exempts industrial animal feeding operations from having to report toxic pollution under a federal emergency planning and right-to-know law.

document September 27, 2018

Uinta Basin Lease Challenge

This case challenges the Bureau of Land Management’s (“BLM”) decisions to issue 121 oil and gas leases covering 117,720.59 acres in northwest Colorado and northeast Utah without considering how the air pollution from developing the leases will adversely impact public health, the environment, and treasured public lands like Dinosaur National Monument.

document September 27, 2018

Oklahoma Coal Ash Plan RCRA Complaint

Plaintiffs Waterkeeper Alliance, Inc., Local Environmental Action Demanded Agency, Inc. (“LEAD Agency”), and Sierra Club (collectively “Plaintiffs”) hereby bring a citizen suit pursuant to 42 U.S.C. § 6972(a)(2) against Defendants Andrew Wheeler, Acting Administrator of the United States Environmental Protection Agency, and the United States Environmental Protection Agency (collectively “EPA” or “Defendants”), for failing to perform a nondiscretionary duty required by the Resource Conservation and Recovery Act (“RCRA”) to develop and publish minimum guidelines for public participation in state coal combustion residuals (“coal ash” or “CCR”) programs. Plaintiffs also allege violations of RCRA and the Administrative Procedure Act (“APA”) by Defendants for unlawfully approving Oklahoma’s coal ash permit program.