State AG Database – Lawsuits v. Federal Government

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The following is a list of lawsuits initiated or joined by state attorneys general against the federal government to remedy violations of environmental laws and environmental damages caused by federal agencies, organized by topic:

Air Pollution

New York v. McCarthy (N.Y.S.D. 2017): Multi-state lawsuit challenging EPA failure to act on petition requesting that the agency regulate ozone pollution from sources in upwind states.

New York v. Jackson (D.D.C. 2012): Multi-state lawsuit to force EPA to comply with Clean Air Act requirement to update and revise National Ambient Air Quality Standards (NAAQS) every five years.

American Farm Bureau Federation v. EPA (D.C. Cir. 2009): Multi-state lawsuit challenging the adequacy of EPA’s 2006 revision to the National Ambient Air Quality Standards (NAAQS) regulating soot pollution under the Clean Air Act.

New Jersey et al. v. EPA (D.C. Cir. 2008): Multi-state challenge the EPA’s decision to migrate mercury regulations from section 112 to section 111 of the Clean Air Act.

New York v. EPA (D.C. Cir. 2006): Multi-state challenge to 2002 EPA rules modifying maintenance exceptions to New Source Review program.

New York v. EPA (D.C. Cir. 2005): Multi-state challenge to 2002 EPA rule creating and modifying standards for the New Source Review process.

Water Pollution

Tenn. Dep’t of Env’t & Conservation v. Tenn. Valley Auth. (Davidson Cnty. Chancery Ct. 2015): Tennessee AG filed suit against TVA alleging that a power plant is contaminating water sources.

Delaware Dept. of Natural Resources and Environmental Control v. U.S. Army Corps of Engineers (2010): Delaware and New Jersey brought action pursuant to the APA to challenge a decision made by the US Army Corp of Engineers to proceed with a dredging project to deepen the main navigation channel of the Delaware River without obtaining requisite approval pursuant to the CWA, CAA, CZMA, and Delaware code.

Natural Resources

Michigan v. United States Army Corps of Engineers (2014): Multi-state lawsuit to compel the United States Army Corps of Engineers and the Metropolitan Water Reclamation District of Greater Chicago to take action to prevent Asian carp from crossing from the Mississippi River Basin into the Great Lakes.

Climate Change Mitigation

Massachusetts v. EPA (2007): Multi-state lawsuit challenging the EPA denial of petition to regulate GHGs from motor vehicles under CAA.

Energy

In re Aiken Cty. (D.C. Cir. 2013): Washington and North Carolina AGs pursued mandamus action to force the Nuclear Regulatory Commission to proceed with the licensing process of Yucca Mountain as a nuclear waste repository.

Massachusetts v. U.S. Nuclear Regulatory Com’n (1st Cir. 2013): Massachusetts AG filed an administrative appeal followed by a lawsuit challenging the adequacy of the Nuclear Regulatory Commission’s consideration of the environmental consequences of renewing the license for the Pilgrim Nuclear Power Plant.

New York v. Bodman (S.D.N.Y 2005): Multi-state lawsuit challenging the Department of Energy (DOE)’s failure to create energy efficiency standards for consumer appliances according to the timeline established by the Energy Policy and Conservation Act (ECPA).

NRDC v. Abraham (2004): States joined NRDC lawsuit challenging the DOE’s attempt to lower energy efficiency standards for certain appliances under the Energy Policy and Conservation Act (ECPA).

Environmental Assessment

Delaware Dept. of Natural Resources and Environmental Control v. U.S. Army Corps of Engineers (2010): Delaware and New Jersey brought action pursuant to the APA to challenge a decision made by the US Army Corp of Engineers to proceed with a dredging project to deepen the main navigation channel of the Delaware River without obtaining requisite approval pursuant to the CWA, CAA, CZMA, and Delaware code.

Solid and Hazardous Waste

In re Aiken Cty. (D.C. Cir. 2013): Washington and North Carolina AGs pursued mandamus action to force the Nuclear Regulatory Commission to proceed with the licensing process of Yucca Mountain as a nuclear waste repository.

Hanford Site Nuclear Waste Clean-Up (2010): Oregon and Washington AGs filed multiple lawsuits against the Department of Energy (DOE) concerning the cleanup and processing of nuclear waste stored in Hanford, Washington.