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Litigation

Court Opens Door To New U.S. CERCLA Liability But Allocations May Be Key

A federal appellate court has found that the United States may be liable for cleanup costs as an “owner” at a massive Superfund site on public land while upholding a lower court ruling that found the government is not liable as an "arranger" at the site -- opening the door to new federal liability -- though attorneys say much will depend on how any liability is allocated.

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Trump poised to tap Wheeler as deputy, Pruitt preps other nominees

Pruitt is said to be prepping nominations for other top agency slots, including: Bill Wehrum as air chief, Matt Leopold as general counsel and David Ross as water chief.

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Environmentalists Push Back Against EPA Defense Of RMP Rule Delay

Environmental and labor groups are renewing their arguments aimed at vacating the Trump administration's lengthy delay of an Obama-era update to the agency's Risk Management Plan (RMP) facility safety rule, charging the delay violates the Clean Air Act and faulting EPA's claim that seeking public input allows for lengthy reconsideration of final rules.

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Environmentalists protest further delay of SO2 NAAQS suit

Environmentalists are fighting EPA efforts to delay litigation on designation of areas meeting or violating sulfur dioxide standards, while the agency seeks to centralize all suit in the U.S. Court of Appeals for the District of Columbia Circuit.

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Landmark Suit Testing Water Quality Variances Faces Mootness Challenge

Landmark litigation over EPA's approval of a Montana variance to the state's water quality standards is facing the prospect of dismissal or delay as the defendants in the case say it is moot since the variance at issue expired at the beginning of the month and the agency is now reviewing a new version.

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Environmentalists sue EPA over Texas air permits

Lack of enforceable emissions limits is a common theme across the petitions, which otherwise vary widely according to the specific circumstances of each facility.

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Citing Sessions Memo, DOJ Retroactively Cancels Harley 'Mitigation' Project

The Department of Justice (DOJ) is seeking to retroactively cancel part of a 2016 Clean Air Act settlement it entered into with Harley Davidson that required the company to pay $3 million to a third-party group to execute an emissions “mitigation” project, citing Attorney General Jeff Sessions' recent memo barring such payments.

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Industry Drops Federal Suit Over California LCFS To Focus On State Claim

Ethanol and oil industry groups are dropping several remaining claims in their federal court challenge to California's “re-adopted” low-carbon fuel standard (LCFS), with the groups opting to instead focus on supporting a pending ethanol industry case against the revised regulation in state court and potential appeals.

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High Court Schedules Oct. 11 Argument To Decide Venue For CWA Suits

The Supreme Court has announced that it will hear argument Oct. 11 in the case testing where challenges to rules on Clean Water Act (CWA) jurisdiction should be filed -- setting the stage for a ruling that will dictate the path of future litigation over the Trump administration's planned actions withdrawing and replacing the Obama-era CWA policy.

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Maryland plans suit over EPA failure to respond to ozone petitions

The threatened suit is the latest indication from the state's Republican administration that it will push hard to curb upwind ozone emissions.

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