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Litigation

Conservatives Eye Data Law To Force Retraction Of Trump's Climate Study

Conservatives usually allied with the Trump administration are considering filing a data quality petition to force officials to withdraw or correct their recently released National Climate Assessment (NCA), charging it is flawed, undercuts the president's pledges to reexamine climate science and will drive suits to force regulatory action.

1621 words

219885

Talking Points Hint At 'Combo' EPA-Corps Policy To Narrow CWA's Scope

Trump administration talking points on the imminent Clean Water Act (CWA) jurisdiction rule suggest EPA will pursue what an environmentalist attorney calls a “combo” of two competing Supreme Court tests for determining the law's scope, drawing on both to produce a jurisdiction standard potentially even narrower than expected.

1124 words

219886

Final CSAPR 'Close-Out' Rule Details EPA Defense Of Interstate Air Policy

EPA's final rule to “close-out” the Cross-State Air Pollution Rule (CSAPR) emissions trading program offers a broad defense of the agency's policy on reducing interstate air pollution that could help it defend the close-out rule from legal attacks, and that it might also use in ongoing suits aiming to force stricter EPA rules on the pollution.

1516 words

219853

EDF seeks EPA correspondence with law firms on rollbacks

The suit marks the seventh Freedom of Information Act lawsuit the group has filed against the Trump administration.

332 words

219842

EPA Eyes Dec. 11 For Proposal Narrowing Obama CWA Jurisdiction Policy

EPA and the Army Corps of Engineers are planning to unveil their proposed rule to narrow the Obama-era Clean Water Act (CWA) jurisdiction standard at a Dec. 11 EPA headquarters event, says an informed source, marking a long-awaited step that will set the terms for the next round of litigation over the proper scope of the water law.

857 words

219837

States Fear EPA Mine Cleanup Rule Could Preempt Billions In Assurances

More than a dozen states are opposing environmentalists' lawsuit that seeks to compel EPA to reverse course and set Superfund financial requirements for the hardrock mining sector, with state officials warning that an EPA rule would preempt state mandates and prompt a flood of lawsuits threatening billions of dollars in cleanup assurances that states hold.

855 words

219815

11th Circuit Ruling Bolsters EPA's Defense Against Superfund Tort Claims

A new appellate court ruling that says EPA-led Superfund cleanup actions are “discretionary” and exempt from the Federal Tort Claims Act (FTCA) could bolster the agency's defense against suits that seek restitution for damage caused by cleanups, including ongoing litigation over the 2015 Gold King Mine spill caused by an EPA cleanup.

1033 words

219801

Plaintiff Cites ESA Ruling In Late Bid To Preserve Suit On EPA's SAB Policy

Environmentalists are citing the high court's recent unanimous ruling granting judicial review of certain Endangered Species Act (ESA) decisions to preserve their suit challenging the Trump EPA's policy barring its science advisors from receiving agency grants, days before a federal court is slated to hear arguments on whether the suit should be dismissed.

909 words

219800

EPA poised to issue final CSAPR 'close-out' rule

The White House has completed its review of EPA's final rule to wind down the Cross-State Air Pollution Rule, while legal fights over interstate air pollution are ramping up.

563 words

219802

EAB urged to uphold carbon regeneration permit

EPA and a Colorado River tribal government are defending a Resource Conservation & Recovery Act permit for carbon regeneration against a facility’s complex legal challenge.

628 words

219777

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