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Litigation

9th Circuit Affirms Second Climate Nuisance Case Despite DOJ Push

The U.S. Court of Appeals for the 9th Circuit is rejecting a push by the federal government and the oil sector to rehear a panel ruling allowing cities’ climate nuisance cases to proceed in state court, echoing the court’s decision from a week ago that also rejected calls to reconsider its ruling in a separate nuisance suit.

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Suit Aims To Force EPA Mandate For Stricter Ozone Air Rules In Arizona

Arizona environmentalists are stepping up their legal attacks on the state’s implementation of Clean Air Act mandates to achieve federal air standards, filing a new suit aimed at forcing EPA to require tougher emission controls on sources of ozone air pollution and at forcing Arizona to craft “contingency” standards if ozone limits are not met.

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White House asks high court to overturn Sierra Club border wall ruling

The Trump administration says environmental harms stemming from construction of the wall do not give environmentalists and states standing to sue over its funding.

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Two Circuit Courts Clarify Triggers Under CERCLA Statutes Of Limitations

Two federal circuit courts have ruled recently in favor of allowing a degree of flexibility in determining the triggers for two different statutes of limitations when filing Superfund cost recovery actions or contribution actions, rejecting lower court decisions that held the actions were time-barred.

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Environmentalists Cite SCC Ruling In Push For Stricter Power Plant ELGs

Environmental groups are urging the White House Office of Management and Budget (OMB) to strengthen EPA’s rules on discharges from steam-powered electrical utilities, arguing in part that a recent district court ruling highlights shortcomings in the agency’s social cost of carbon (SCC) used to help develop the power plant water rule.

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Environmentalists threaten suit to force EPA action on New York air plans

Our Children’s Earth Foundation will sue EPA if it does not act within 60 days to approve or reject a series of New York state plans for implementing the Clean Air Act.

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Environmentalists sue EPA over missing SO2 NAAQS plans

The three environmental groups are suing to force EPA findings that would trigger a two-year clock for the agency to issue federal air plans to cut sulfur dioxide emissions in two states and two U.S. territories.

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Gas Firm’s Appeal Tests Limits Of EPA Air Enforcement Consent Decrees

EPA is defending its right to enforce federal air toxics regulations against a Utah gas services company in an Environmental Appeals Board (EAB) dispute testing the limits of an earlier consent decree that the company claims shields certain equipment from agency air rules, a case that may set a precedent for similar decrees.

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Judge Denies WOTUS Stay In Oregon, 10th Circuit Weighs Colorado Stay

A federal judge in Oregon has denied efforts from ranchers to issue a narrowly tailored stay of the Trump administration’s rule defining waters of the United States (WOTUS) after finding the ranchers lack standing, while Colorado is urging a federal appeals court to uphold a complete stay of the rule in that state.

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EPA weighing response to ‘surprise’ ozone designations ruling

EPA’s de facto air chief Anne Austin says it will be at least a matter of weeks until the agency decides how to proceed after appellate judges struck down several of its ozone attainment designations.

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