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Air

Continuing Push To Limit SEPs, DOJ’s Clark May Seek Citizen Suit Curbs

Weeks after barring EPA and the Justice Department from using supplemental environmental projects (SEPs) in civil settlements, Jeffrey Clark, the Justice Department’s (DOJ) environment chief, says he is now weighing whether he can also prohibit their use in citizen enforcement suits, while also suggesting he may seek to limit the suits themselves.

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Coronavirus Prompts EPA To Retain RFS Waivers, Delay Summer Gasoline

EPA says the coronavirus pandemic is prompting it to retain renewable fuel standard (RFS) waivers already granted to small refiners despite an appellate ruling that will strictly limit future issuance of such exemptions, and the agency is also extending a deadline for introducing less-polluting summertime gasoline because of the virus.

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OIG launches evaluation of EPA’s state air plan processing

The agency’s Office of Inspector General will investigate EPA’s processing of state implementation plans for Clean Air Act compliance, as the agency seeks to reduce a substantial backlog of plans.

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EPA RTRs reflect trend of leaving air toxics rules unchanged

The agency’s decision to retain existing air toxics standards for several sectors is the latest in a trend of EPA completing Clean Air Act-mandated reviews of such rules without making major changes.

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Citing New EIS Precedent, Court Rejects NEPA Review Of Major Pipeline

A federal district judge is rejecting as insufficient under the National Environmental Policy Act (NEPA) the Army Corps’ streamlined environmental assessment (EA) of the Dakota Access Pipeline, citing a new appellate court precedent requiring a more in-depth environmental impact statement (EIS) for “controversial” projects.

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Industry urges courts to ignore 4th Circuit climate nuisance ruling

The oil sector argues the 4th Circuit’s ruling, which focused on the proper venue for climate nuisance cases, was wrong and should be disregarded.

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Georgia reopens controversial EtO sterilization plant to fight COVID-19

The coronavirus outbreak has prompted the temporary reopening of a medical equipment sterilization facility previously closed due to concerns over its air emissions of harmful ethylene oxide.

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DOJ Urges Full 9th Circuit To Deny Rehearing Youth Climate Litigation

The Department of Justice (DOJ) is urging the full U.S. Court of Appeals for the 9th Circuit to deny rehearing a three-judge panel’s split ruling dismissing a novel youth constitutional climate change case, arguing that the panel’s decision was correct and that the case does not satisfy the high standard for en banc review.

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DOJ Urges Full 9th Circuit To Deny Rehearing Of Youth Climate Litigation

The Department of Justice (DOJ) is urging the full U.S. Court of Appeals for the 9th Circuit to deny rehearing of a three-judge panel’s split ruling dismissing a novel youth constitutional climate change case, arguing that the panel’s decision was correct and that the case does not satisfy the high standard for en banc review.

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EPA, DOT to finalize auto GHG rule rollback early next week

EPA and the Department of Transportation could finalize their joint rollback of Obama-era vehicle greenhouse gas standards by March 30 or 31, starting the clock for expected lawsuits.

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