Sunday, January 11, 2009
ENVIRONMENTAL LAW CASES
• The Nat'l Cotton Council of Am. v. Envtl. Prot. Agency
• Exxon Mobil Corp. v. Office of Envtl. Health Hazard Assessment
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U.S. 6th Circuit Court of Appeals, January 07, 2009
The Nat'l Cotton Council of Am. v. Envtl. Prot. Agency, No. 06-4630
In a suit against the EPA by environmental and industry interest groups challenging the EPA's Final Rule concluding that pesticides applied in accordance with the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) are exempt from the Clean Water Act's National Pollutant Discharge Elimination System (NPDES) permitting requirements, the Final Rule is vacated where the text of the Clean Water Act bars the Final Rule by subjecting dischargers of pesticide pollutants to the NPDES. Read more...
California Appellate Districts, January 07, 2009
Exxon Mobil Corp. v. Office of Envtl. Health Hazard Assessment, No. B204987
Agency charged with implementing Proposition 65 did not abuse its discretion in listing di-isodecyl phthalate, which is used as a plasticizer in a wide variety of PVC plastic products, as a chemical known to cause reproductive toxicity under the Safe Drinking Water and Toxic Enforcement Act. Read more...