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Litigation

EAB Case Tests Scope Of EPA's Equity Reviews For UIC Permit Decisions

A new EPA Environmental Appeals Board case contesting an agency-issued underground injection control (UIC) permit aims to force the agency to give greater weight to environmental justice (EJ) concerns and drinking water impacts when it considers Safe Drinking Water Act (SDWA) permits for oil extraction, waste disposal and other uses.

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Deregulatory Advocate Faults Vehicle Rollback For Undercutting Federalism

A prominent deregulatory advocate says the Trump administration's plan to roll back vehicle greenhouse gas limits and undo California's Clean Air Act power to set stricter standards undermines its professed support for “cooperative federalism,” and warns that scrapping the state's zero-emission vehicle (ZEV) sales mandate is legally “vulnerable.”

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'Supplemental' CWA Rule Repeal Draws Attacks Over Factual, Legal Basis

Opponents of EPA's plan to repeal the Obama-era Clean Water Act (CWA) jurisdiction rule are attacking the agency's “supplemental” proposal that aims to further justify the effort, arguing that there are major flaws in the factual and legal basis for the repeal and warning that undoing the existing policy will create regulatory uncertainty.

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EPA Fights Sierra Club's Push For Strict Deadlines To Complete RFS Study

EPA is fighting Sierra Club's call for a federal district court to set a Dec. 31 deadline for the agency to complete an overdue study mandated by law on the renewable fuel standard's (RFS) environmental impacts, instead asking the court for more than a year to complete it and to defer a deadline for “follow-up” action to mitigate any adverse impacts.

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EPA urged to list Alabama waste site after bribery convictions

Birmingham's mayor calls for a waste site in the city to be added to the Superfund list after a former PRP official and his lawyer engaged in a “a massive public misinformation campaign and bribery” to block the listing.

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DOJ Urges Court To Uphold Ruling Rejecting CWA Nonpoint Funding Suit

The Trump administration is urging a federal district court to uphold its decision that environmentalists lacked standing for their suit aiming to block Clean Water Act (CWA) grant funds for Washington state, arguing that the plaintiffs provided “no evidence” to support their standing and have failed to justify reconsidering the ruling.

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Chlorpyrifos Critics Eye Preemptive Steps To Counter EPA Appeal On Ban

Opponents of the pesticide chlorpyrifos concerned about its human health harms are eyeing preemptive steps to block use of the substance including calling on California to suspend it and rallying support for legislation to impose a national ban, as they expect EPA to appeal a recent appellate ruling that requires it to prohibit the substance.

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EPA defends deferral on merits of 2015 CWA rule's protections

EPA says there was no need to consider how its delay of the 2015 jurisdiction rule would affect the environment, because the delay was not a decision on how to apply the water law in the “long term.”

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Navajo Nation residents join suits over EPA Gold King mine spill

A group of 290 farmers and ranchers from the Navajo Nation have filed a fresh complaint over EPA's role in the 2015 Gold King Mine wastewater spill.

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Environmentalists hail ruling finding Glyphosate caused cancer

Critics of the world's most commonly used herbicide are hailing a court ruling that finds the substance causes cancer, even as EPA suggests it is unlikely to cause cancer.

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