Court Dismisses Petitions Challenging GHG Emissions Standards for Cars and Trucks
The D.C. Circuit dismissed petitions challenging EPA's and the National Highway Traffic Safety Administration's (NHTSA's) coordinated rules governing the greenhouse gas emissions and fuel economy of cars and trucks. One group of petitioners--businesses, associations, and individuals located in California--lacked standing to challenge EPA's car rule. And the other petitioner--a business that promotes the use of vegetable oil in place of traditional diesel fuel--may not challenge EPA's truck rule because its interests do not fall within the zone of interests protected by the CAA.
CAA Defendant to Pay $4.95 Million Under Proposed DOJ Consent Decree
A settling CAA defendant responsible for vapor leaks from hydrocarbon liquid storage tanks in Boulder, Broomfield, and Weld counties, Colorado, must pay a $4.95 million civil penalty to the United States and Colorado, must complete two supplemental environmental projects at a cost of no less than $2 million and at least $4.5 million to complete five environmental mitigation projects, and must perform engineering evaluation and corrective actions of its vapor control system as needed.
Colorado Law Does Not Allow Use of "Lone Pine" Orders
The Colorado Supreme Court held that state law does not allow a trial court to issue a modified case management order, such as a "Lone Pine" order, that requires a plaintiff to present prima facie evidence in support of a claim before the plaintiff can exercise its full rights of discovery under the Colorado Rules of Civil Procedure. Colorado law already provides sufficient protection against frivolous or unsupported claims and burdensome discovery under existing rules and procedural safeguards.
The April 2015 issue of ELR's News & Analysis features articles on administering NEPA, crafting collaborative water governance, addressing affordability and long-term resiliency via the National Flood Insurance Program, and performing internal investigations of environmental crimes. The issue also looks at EPA's CAA §111(d) proposal to reduce CO2 emissions from electric generating units, as well as CAA preemption of state common-law tort claims. A transcript to a recent ELI seminar on the ESA is included as well.