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EPA plans to urge states to quickly adopt its recently finalized definition of solid waste (DSW) rule, in an effort to create consistency across the country, even as one industry attorney predicts states will continue to have a patchwork of regulations governing hazardous waste recycling due to resource limits and other reasons.

A Texas federal judge's order allowing states to advance with their suit aiming to block President Obama's immigration policy could also boost EPA critics' plans to sue the agency over alleged Information Quality Act (IQA) violations in rules, because the order reinforces states' litigation rights that are similar to those in the planned IQA suits.

EPA is analyzing scenarios that would drop its contentious carbon capture and sequestration (CCS) mandate for new coal-fired power plants under its proposed greenhouse gas (GHG) standards for new power plants, amid growing agency concern that the rule is legally vulnerable because the technology may not be “adequately demonstrated” as the Clean Air Act requires since most of the demonstration projects cited in the proposal are stymied.

A federal district judge has rejected environmentalists' novel suit aiming to force an oil and gas company to “aggregate,” or combine, emissions from its operations and trigger stricter Clean Air Act permitting requirements, but the decision leaves the door open to future citizen suits relying on an EPA test for aggregation that one appellate court has rejected.

Environmentalists are urging a federal appeals court to force EPA to tighten an air toxics rule for commercial, industrial and solid waste incinerators (CISWI) that they say unlawfully exempts the vast majority of the units from regulation, while industry is asking the same court to back its claim that the regulation is too stringent.

Chemical manufacturers are asking EPA to take the rare step of removing a chemical from the agency's Toxics Release Inventory (TRI) reporting program, calling for the delisting of the common cleaning agent ethylene glycol butyl ether (EGBE) from the TRI due to what industry says are low health and environmental risks.