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Litigation

EPA defends discretion in setting 2017 RFS targets

EPA in a new legal filing is rejecting attacks on its process for setting the 2017 renewable fuel standard targets, saying a federal appeals court should defer to its discretion in how it sets the goals.

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NRDC Threatens Rare SDWA Suit Over New Jersey City's LCR Compliance

The Natural Resources Defense Council (NRDC) is threatening to file a rare suit against state and local officials in New Jersey over alleged violations of the Safe Drinking Water Act (SDWA) lead and copper rule (LCR), citing sampling and water treatment issues that are central to EPA's debate over how to update the LCR.

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5th Circuit prepares to hear ELG delay challenge

An appeals court is starting up a case over EPA's delay of an Obama-era power plant effluent rule after a district judge blocked environmentalists' bid to keep an identical suit in a lower court.

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California court upholds state's Prop. 65 glyphosate listing

While the state court rejected industry arguments, a federal court has blocked the state from requiring the pesticide be labeled as a carcinogen.

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EPA Argues Ruling Scrapping Parts Of Ozone Policy At Odds With Air Law

EPA is asking a U.S. Court of Appeals for the District of Columbia Circuit panel to reconsider its ruling scrapping parts of an Obama-era rule on implementing the 2008 ozone ambient air limit and revoking the 1997 standard, arguing that the court's fears over the rule worsening air quality are unfounded and at odds with the Clean Air Act.

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Mining company seeks rehearing of NPL listing decision

A mining company is urging a federal appeals court to reconsider its decision upholding EPA's decision to include its property as part of a Superfund site.

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California air district seeks rehearing of EPA ozone rule decision

The South Coast air quality district, which regulates air pollution in Los Angeles, is asking a federal appeals court to rehear its ruling scrapping large parts of EPA's 2008 ozone standards implementation rule.

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OMB reviewing EPA notice on CAFOs' air reporting mandates

EPA is preparing to release a question and answer document on animal feeding operations' air reporting requirements after Congress ended the reporting mandates.

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Compliance Costs Create Dilemma For Wehrum's Bid To Kill Utility MACT

ORLANDO, FL -- EPA air chief William Wehrum is acknowledging that he faces a dilemma over whether to grant calls from utilities and others to scrap the regulatory justification for the Obama-era utility air toxics rule as a “satisfying” move, or retain it as even some of its staunchest industry critics have spent millions in compliance costs.

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CSB Asks Appellate Court To Back Broad Subpoena On 'Potential' Releases

The U.S. Chemical Safety and Hazard Investigation Board's (CSB) is asking a federal appellate court to grant it broad power to subpoena documents related to “potential” releases at facilities where it is investigating industrial incidents, a move that a major refiner is resisting, charging it amounts to an unlawful expansion of the board's powers.

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