Analysis

EPA Landfill Rule Decision Firms Up States' Right To Sue

Law360 (May 8, 2019, 8:49 PM EDT) -- The U.S. Environmental Protection Agency's failed attempt to convince a California federal judge to take a narrow view of a Supreme Court case and block states from challenging inaction on Obama-era landfill emission regulations means states will have an easier time taking on the agency in court.

U.S. District Judge Haywood S. Gilliam Jr. soundly rejected the argument that the high court's 2007 decision in Massachusetts v. EPA, which established that a state could sue the agency under the Clean Air Act over greenhouse gas regulations, did not apply to the landfill case — California v. EPA. The court held that eight...

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