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Court Sets Argument In Dakota Pipeline Suit For Day After 2020 Election

The U.S. Court of Appeals for the District of Columbia Circuit will hear oral argument Nov. 4 in the U.S. Army Corps of Engineers’ appeal of a lower court ruling vacating its approval of a key easement allowing the Dakota Access Pipeline (DAPL) to cross under a Missouri River tributary, one day after the Nov. 3 presidential election.

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State coalition seeks stay of EPA oil and gas air rule rollback

The request from the coalition of almost two dozen mostly Democratic-led states follows a similar request from environmentalists for a federal appeals court to halt EPA’s oil and gas air rule rollback.

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DOJ, Sierra Club complete briefing in citizen air suit test case

The Department of Justice (DOJ) and the Sierra Club have completed briefing in a key federal district court test case of whether private parties can negotiate terms in a Clean Air Act settlement beyond what DOJ seeks, and are waiting on the judge to determine next steps in the suit where the department is seeking to put curbs on citizen suits.

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Bipartisan House Duo Floats Power Sector CES With EPA Preemption

Reps. David McKinley (R-WV) and Kurt Schrader (D-OR) are floating draft details of a plan to cut utilities’ greenhouse gas emissions that combines an immediate focus on technology programs with a longer-term “clean electricity standard” (CES), coupled with at least temporary preemption of existing EPA utility GHG rules.

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D.C. Circuit schedules oral argument in NSR reporting suit

The U.S. Court of Appeals for the District of Columbia Circuit will hear oral argument on Nov. 2 in New Jersey’s long-delayed challenge to an EPA new source review emissions reporting waiver.

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Montana, Oil Industry Argue Keystone XL Ruling Erred On Merits, Remedy

Montana and the oil and gas industry are echoing the Army Corps of Engineers’ call for an appellate court to reverse a ruling that vacated the use of a Clean Water Act (CWA) general permit for the Keystone XL pipeline, arguing a lower court erred on both the merits and the remedy in its decision.

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D.C. Circuit Grants ‘Administrative’ Stay Of EPA Methane Rule Rollback

A federal appeals court has granted a request by environmental groups for an “administrative” stay of EPA’s rollback of Obama-era oil and gas methane and volatile organic compound (VOC) emissions limits while it weighs an “emergency” call by environmentalists to halt the rules during litigation.

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D.C. Circuit questions environmentalists’ appeal of coal ash decision

The court says that since environmentalists won a partial remand of Oklahoma’s ash disposal rules, they may have to wait for that process to finish before appealing aspects of the case that they lost.

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EPA, petitioners file final briefs in suit over NSR reporting rule

New Jersey’s long-dormant lawsuit will test an EPA Clean Air Act new source review emissions screening tool that has been in use for over a decade and has the support of major industry groups.

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EPA sends CSAPR remand response rule for OMB review

The agency moving forward with its response to a U.S. Court of Appeals for the District of Columbia Circuit remand of its flagship policy for curbing interstate ozone pollution.

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