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Environmental and academic groups are urging the U.S. Court of Appeals for the 10th Circuit to uphold a lower court’s stay of the Trump administration’s waters of the United States (WOTUS) rule, arguing the rule poses significant harm to the state’s residents and that the policy’s economic analysis relies on irrational and ill-informed assumptions.

EPA’s final rule narrowing the definition of waters of the United States (WOTUS) and the Trump administration’s separate push to redefine “showerheads” to allow more water use share a commonality of exaggerating regulatory burdens while ignoring real-world harms of the changes, according to law professor William Buzbee.

Trump officials at the Justice Department (DOJ) are urging Congress to “modernize” the Administrative Procedure Act (APA) that guides rulemaking efforts at EPA and other federal agencies, a law central to several court losses for the administration over EPA rollbacks that judges said fell short of APA requirements.

The U.S. Court of Appeals for the District of Columbia Circuit has upheld EPA’s decision to reject biofuels producer POET’s request for credit under the renewable fuel standard (RFS) for its method of producing cellulosic ethanol, rejecting the company’s challenge largely by deferring to the agency’s technical judgment.

Nine mostly Democratic-led states and the Environmental Defense Fund (EDF) in a new legal brief are attacking EPA’s 2019 rule further delaying implementation of Obama-era emissions limits on the greenhouse gas methane and other air pollutants from landfills, saying the agency is unlawfully stalling Clean Air Act-mandated rules.

EPA’s just-issued final rollback of oil and gas methane limits removes a key legal predicate for existing source emissions controls, while also seeking to create an administrative precedent that would raise the bar for issuing future more-stringent greenhouse gas regulations in multiple industrial sectors.

Ahead of a meeting next week of Chesapeake Bay states, environmentalists in a new report are warning cleanup targets for the bay are unlikely to be met by 2025 without significant new state and federal efforts, and are vowing to file threatened litigation over the issue within the next few weeks unless EPA acts.