Legal Action
Court case piques Congressional interest and oversight / EPA’s second status report reveals intent to finalize rule without current science
July 28, 2022. U.S. Senator Markey and U.S. Representatives Barragán and Khanna sent an oversight letter to EPA, urging it to update and strengthen its proposed rule on dispersant use before finalizing it based on current science. The letter states, “New scientific research has demonstrated an urgent need for stronger regulations that better reflect the…
Read MoreALERT requests Letter of Interpretation for OSHA cold/flu exemption
July 7, 2022. ALERT requested a letter of interpretation from OSHA of 1904.5(b)(2)(viii), an exemption to recording and reportability of an illness, which states an employer is “not required to record illnesses or injuries if… [t]he illness is the common cold or flu.” Specifically, ALERT asked how OSHA determines whether the common cold and flu is the source of an…
Read MoreALERT petitions EPA to supplement its 2015 proposed rule with current science
June 23, 2020. An ALERT coalition of individuals, environmental justice, and climate justice groups took action to step up pressure on EPA to ensure that the regulatory process considers the new data and information. The coalition petitioned EPA to supplement its 2015 proposed rule with current science before finalizing the rule in May 2023.…
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EPA reply to September 2021 letter inspires no confidence
May 16, 2022. Nearly six months after receiving a coalition letter from ALERT, EPA replied, stating that the agency and Dept. of Justice decided not to appeal the federal district court decision and that it “is working through its action development process to ensure a final rule” by the court-ordered deadline of View EPA’s…
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EPA’s first status report fails to report on key issue
February 2, 2022. EPA’s first status report fails to provide an update on one of the key arguments it used in court to delay the final rule until 2023. Over a year ago on May 20, 2021, EPA told the court that the oil industry had blocked access to the reference oils that EPA needed…
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Atypical dispersant use monitoring rules go into effect
January 24, 2022. Despite last-minute efforts by ALERT, neither the executive nor the legislative branch could stop the rollout of EPA’s final rule on environmental monitoring of “atypical dispersant use situations.” This was defined as “[a]ny subsurface use of dispersant in response to an oil discharge, surface use of dispersant in response to oil…
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ALERT, Gulf Coast and other allies for environmental justice request action from U.S. President
December 27, 2021. ALERT, Gulf coast community organizations, and other allies for environmental justice sent a letter to President Biden requesting two immediate actions in relation to ongoing dispersant litigation and the associated EPA rulemaking: 1) Order EPA to withdraw its final rule on monitoring of atypical dispersant use, issued on July 27, 2021, before…
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EPA drops appeal & Upcoming Court Dates
ALERT, Gulf Coast allies request action from EPA Administrator September 30, 2021. Gulf coast community organizations and allies for environmental justice sent a letter to EPA Administrator Regan requesting four immediate actions in relation to ongoing dispersant litigation and the associated EPA rulemaking: Let the August 9, 2021, court decision stand – do not appeal…
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ALERT, Gulf Coast allies request action from EPA Administrator
September 30, 2021. Gulf coast community organizations and allies for environmental justice sent a letter to EPA Administrator Regan requesting four immediate actions in relation to ongoing dispersant litigation and the associated EPA rulemaking: Let the August 9, 2021, court decision stand – do not appeal it. Withdraw the final rule on monitoring for…
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One step almost forward, two steps definitely backward – EPA pulls a fast one
On July 27, just weeks after the court indicated its inclination to rule in favor of the public interest in ALERT’s lawsuit on rules governing dispersant use, the EPA split its long-delayed final rule in two. The result is a further delay of the rules governing dispersant use while rushing ahead with a rule to monitor…
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