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Litigation

EPA proposes new stay for Obama-era power plant ELG

EPA's new proposal could circumvent an environmentalist lawsuit that challenged the legality of an earlier agency decision to delay implementation of the utility water rule.

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EPA Eyes Rule Settlements Despite Pruitt's 'Directive' Against Such Pacts

EPA is moving toward settlements and other judicially enforceable rulemaking mandates in a host of cases over Obama-era rules that could result in weaker policies sought by industry, despite Administrator Scott Pruitt decrying the “rulemaking by litigation” practice and issuing a verbal “directive” to stop such pacts.

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Court grants EPA request to further stay refrigerant handling suit

A federal appellate court has put the case on hold “pending further order of the court,” after EPA said it would seek an agreement among parties to resolve some or all of the issues.

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North Dakota outlines appeal of oil, gas waste ruling

North Dakota is urging a federal appellate court to overturn a lower court's decision that denied the state had standing to intervene in an EPA settlement with environmentalists that outlines how the agency will re-examine its waste rules for the oil and gas sector.

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Environmentalists Fear Weaker EPA Ash Rule Enforcement Under Bodine

Environmentalists fear that Susan Bodine -- President Donald Trump's nominee to head EPA's enforcement office -- would use the position to soften the Obama-era coal ash disposal rule by weakening enforcement of the policy, citing her testimony to Congress in 2013 that called for placing major limits on EPA's oversight of ash disposal.

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Pruitt Hedges On Future Utility GHG Rules Even As EPA Readies CPP Repeal

EPA Administrator Scott Pruitt is continuing to hedge about whether and how precisely the agency plans to address greenhouse gases (GHG) from existing power plants after it rescinds the Clean Power Plan (CPP), even as reports indicate the agency is poised to float a plan for repealing the Obama-era rule.

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Pruitt Moves To Curtail EPA Use Of 'Sue And Settle' As GOP Pushes Bills

EPA Administrator Scott Pruitt says he has signed a “directive” curtailing so-called sue and settle tactics that produce consent decrees including court-enforced deadlines for rulemaking even as observers have warned it will be difficult for the administrator to adopt such limits and as administration allies move to use the process for their own deregulatory goals.

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Trump EPA's High Court Brief Defends Obama-Era Malfunction Air Policy

The Trump EPA in a new Supreme Court brief is defending an Obama-era policy under which the agency sets Clean Air Act limits without allowing any exceedances of those standards due to emissions spikes associated with facility malfunctions, even as the administration reconsiders a rule that barred states from granting such waivers.

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Seeing Appeal, Judge Rejects DOJ Bid To Stay Suit On Trump's 2-for-1 Order

U.S. District Judge Randolph Moss has denied the Justice Department's (DOJ) motion to stay litigation filed by environmentalists and other groups challenging the legality of President Donald Trump's executive order (EO) which requires EPA and other agencies to identify two rules to repeal for every one new rule issued.

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Power company urges 4th Circuit to take up coal ash CWA appeal

Dominion says 4th Circuit has authority to decide whether it faces Clean Water Act liability for groundwater contamination, without waiting for a district court ruling.

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