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Earthjustice—on behalf of organizations representing consumers, people from low-income communities of color, Alaska Natives, parents and teachers of children with learning disabilities, workers, and scientists—has brought two suits against the Trump Administration for weakening key rules establishing how the Environmental Protection Agency will regulate toxic chemicals found in consumer products, building materials, and work places, as well as in our drinking water and food. Specifically, the lawsuits challenge two EPA regulations that set ground rules for how EPA will prioritize chemicals for safety review and then evaluate the risks of those chemicals under the recently updated Toxic Substances Control Act.

Filed by the Standing Rock Sioux Tribe, joined by the Cheyenne River Sioux Tribe, explaining why the Dakota Access pipeline must be shut down during the new environmental review process.

In support of the Standing Rock Sioux Tribe and Cheyenne River Sioux Tribes’ Brief Regarding Remedy

Filed by law professors and experts on the National Environmental Policy Act

The Suncor refinery in the Denver-metro area is one of the largest sources of air pollution. Earthjustice working with numerous local organizations have submitted comments on a series of permit modifications that could further increase the pollution burden in the surrounding communities.

Withdrawal of extension of deadline for promulgating designations

In June 2017, with no public hearing, DC Councilmembers agreed to weaken the protective force of the
original bill, by changing the target concentration level from 1 ppb to 5 ppb. As a result, drinking water
sources dispensing as much as 5 ppb will not be shut off or remediated but instead will be treated as
acceptable. Parents will be able to access all their school’s test results online, but will not be entitled
under this law to demand shut‐off and remediation for sources dispending lead in concentrations as
high as 5 ppb.

Filed in the Northern District of California, challenging the Bureau of Land Management’s use of Administrative Procedure Act section 705 to stay implementation of the BLM methane waste rule.

An important component of maintaining ecosystem integrity is setting aside some areas to function with minimal human impacts. When these areas are set aside, fish populations and fisheries may see direct and indirect benefits.

Coalition comments expressing serious concern over National Marine Fisheries Service’s proposal to authorize five industrial seismic surveys off the east coast of the United States. 82 Fed. Reg. 26,244 (June 6, 2017)

Harm to human health from breathing and ingesting coal ash toxicants.

Water releases will aid baby salmon migrating to the ocean

Joint Reply of Petitioners Air Alliance Houston et al. and Petitioner-Intervenor United Steel, Paper and Forestry, Rubber, Manufacturing, Energy, Allied Industrial and Service Workers International Union to Responses in Opposition to Motion for a Stay or, in the Alternative, Summary Vacatur

Court declines request to have EPA decide on Chlorpyrifos ban petition

Coal ash, the toxic remains of coal burning in power plants, is full of chemicals that cause cancer, developmental disorders and reproductive problems. It poisons our air and water, and kills fish and wildlife.

Plaintiffs Ocean Conservancy and Environmental Defense Fund on behalf of their adversely affected members hereby challenge the unlawful decision of the National Marine Fisheries Service (“Fisheries Service” or “Defendants”) to promulgate and issue a Temporary Rule reopening the Gulf of Mexico private angler red snapper season and extending the season from three to 42 days, despite finding that the action will substantially exceed the annual catch limit set for the “private recreational sector” 

To decide on a remedy in a case like this, the Court balances the overall equities and considers the practicality of alternatives. Both underlying factors—whether the deficiencies warranting remand are serious and the disruptive consequences of vacatur—strongly favor allowing the Dakota Access Pipeline (“DAPL”) to continue operating during remand.

Before the Court is the question of whether two United States Army Corps of Engineers’ authorizations to construct a portion of the Dakota Access Pipeline under Lake Oahe should be vacated during remand on three discrete issues. Vacatur is unnecessary and inappropriate under both prongs of the controlling D.C. Circuit test, set out in Allied-Signal, Inc. v. U.S. Nuclear Regulatory Comm’n, 988 F.2d 146 (D.C. Cir. 1993).