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Industry attorneys are warning that EPA's proposal to make community-level air toxics emissions an enforcement focus in the coming years threatens to create new pitfalls for a host of sectors when combined with the agency's push for wider adoption of novel air monitoring technologies as part of its "next generation" compliance initiative.

EPA is citing its broad discretionary authority in pushing for an appellate court to uphold its novel veto of disposal sites for a planned coal mine after the Army Corps of Engineers issued a Clean Water Act (CWA) permit for the project, rejecting claims that the the veto was poorly justified and based on factors EPA was not allowed to consider.

U.S. biodiesel producers are asking a federal appeals court to scrap EPA's approval of imports of biodiesel from Argentina used as a qualifying renewable biomass fuel under the agency's renewable fuel standard (RFS), claiming EPA failed to undertake necessary public comment on what they call a flawed tracking system for the biodiesel.

The U.S. Court of Appeals for the 6th Circuit has issued an order blocking EPA from implementing its Clean Water Act (CWA) jurisdiction rule nationwide while it weighs whether it has authority to hear suits over the rule, though at least two judges suggest if they hear the suit then they will scrap the policy for exceeding EPA's authority.

Senate disputes over legislation including energy appropriations and a measure to reauthorize the Land and Water Conservation Fund (LWCF) are preventing a vote on a bipartisan Toxic Substances Control Act (TSCA) reform bill, and it is unclear when senators might debate the legislation after the Senate reconvenes on Oct. 19.

EPA is facing growing concerns from state regulators and congressional lawmakers over the excess nitrogen oxide (NOx) emissions that resulted from Volkswagen's unlawful use of NOx control “defeat” devices on its diesel passenger vehicles resulting in increased emissions of the ozone precursor but improving the vehicles' fuel economy and lowering greenhouse gas emissions.