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Litigation

DOJ Memo On Judgment Fund Raises Questions For CERCLA Settlements

A Justice Department (DOJ) memo clarifying when funds from the Treasury’s Judgment Fund can be used in settlements is prompting questions among Superfund attorneys, who say it may complicate Superfund settlement negotiations and that it creates ambiguity on whether DOJ is rejecting use of the fund in pay-as-you-go settlements.

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Utah physicians ask court to reject Diesel Brothers’ citizen air suit appeal

The district court’s decisions in the first-ever successful Clean Air Act citizen suit “are extensively supported by references to Defendants’ own evidence and admissions,” the physicians say.

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D.C. Circuit Poised To Hear Argument In Ozone ‘Precursor Trading’ Suit

The U.S. Court of Appeals for the District of Columbia Circuit is poised to hear oral argument Sept. 22 in a suit filed by Sierra Club and other environmental groups over EPA’s policy allowing “interprecursor” air trading in states’ plans for attaining federal ozone standards, a practice critics say violates the Clean Air Act and may hike pollution.

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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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Steel Mill Suit Will Test Legal Precedent On ‘Missing’ EPA Air Toxics Rules

Environmentalists’ new lawsuit aiming to force EPA to add limits for additional air pollutants to its existing steel mill toxics emissions policy will test a recent U.S. Court of Appeals for the District of Columbia Circuit precedent requiring that EPA fill in “missing” limits for air toxics left unregulated by toxic emissions policies.

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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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Democrats plan resolution to support youth plaintiffs’ climate suit

The resolution will be introduced one year after many of the same plaintiffs along with Swedish climate activist Greta Thunberg came to Washington, D.C. to demand action to curb climate change.

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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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