Judge leans in favor of ALERT at hearing on summary judgment

EPA files its opposition to ALERT’s MSJ and its own Cross-Motion for Summary Judgment May 20, 2021.  In this dual-purpose filing, EPA first countered, and then asked the Court to deny, the plaintiffs’ requests for summary judgment on our unreasonable delay claim and our injunctive relief. Then EPA asked the court for summary judgment in…

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ALERT files Motion for Summary Judgment

April 20, 2021.  ALERT asked the court for summary judgment in our favor on the matter of the EPA’s unreasonable delay over finalizing rules governing dispersant use. We are also asking for injunctive relief – a Court order – to issue a proposed new rule within 90 days of the Court order, with the hope that EPA…

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Court Rejects Reconsideration: Stays the Course

  September 1, 2020.  The District Court rejected EPA’s motion to reconsider its motion to dismiss the court’s earlier landmark ruling that required EPA to keep the nation’s oil spill response plans current and effective. In the September ruling, the Judge wrote that “EPA’s arguments amount to an improper repetition of the arguments that it made…

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EPA stalls case

  EPA filed a motion requesting that Judge Orrick reconsider his reasoned ruling on our Clean Water Act claim. EPA claimed that the Judge did not specifically address various issues it raised in its motion to dismiss our case. However, the Judge’s written opinion and the hearing transcripts both show that these issues were in…

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InsideEPA: District Court Says Water Law Requires EPA To Update Oil Spill Rules.

According to Inside EPA, “A federal court in California has agreed with environmentalists that EPA has a nondiscretionary duty under the Clean Water Act (CWA) to update its rules governing oil spills in order to better regulate dispersants, relying in part on a landmark appellate decision that found EPA had unduly delayed updating its lead…

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ALERT v. EPA makes law! Ruling a “game-changer”

June 2, 2020. U.S. Magistrate Judge William Orrick ruled that the Clean Water Act requires the EPA to keep the nation’s oil spill response plans current and effective. New research has linked chemical dispersants, heavily used during the 2010 BP spill response, with long-term illnesses in humans and wildlife. The EPA has failed to consider…

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