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Litigation

High Court rejects review of Superfund cost-recovery case

The decision lets stand an appellate ruling that found a Superfund cost-recovery suit brought by one liable party against another was not time-barred by the statute of limitations on remedial actions.

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Colorado suit adds to legal challenges over WOTUS rule

Colorado has filed its own suit against the Trump administration’s Clean Water Act rule even as a federal judge in California has denied the administration’s bid to slow a similar challenge by 17 other states.

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In Another Win For Cities, 9th Circuit Routes Climate Suits To State Court

The U.S. Court of Appeals for the 9th Circuit is handing city and county governments another victory in their series of climate nuisance lawsuits against oil majors, finding that two cases seeking damages from the companies belong in California state court where the local governments first filed them.

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DTE inks NSR pact requiring coal plant retirements

The deal resolves alleged Clean Air Act permitting violations, but the Trump administration reportedly refused to join a legal settlement requiring the Michigan utility to shutter a coal plant.

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2nd Circuit allows PFAS medical monitoring claims to proceed

The ruling is part of an “uptick in medical monitoring cases surviving the motion to dismiss phase in federal court,” says one lawyer tracking the issue.

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Automakers move to defend Trump GHG rollback in court

Companies representing most of the light-duty vehicle market argue EPA and the Transportation Department “lawfully exercised their discretion” in setting standards much weaker that Obama-era requirements.

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Mining Firm’s Suit Over MATS Cost Finding Creates Jeopardy For Air Rule

A coal mining firm is suing EPA over its just-published final rule scrapping the cost-benefit review underpinning the Obama administration’s landmark mercury and air toxics standards (MATS), a lawsuit that environmentalists and others predicted would be filed and that places the fate of the overall utility emissions regulation in jeopardy.

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DOD fights suit seeking to block PFAS incineration

DOD says the suit must be transferred to a judicial district where incineration is occurring and some claims must be dropped because the defense law at issue does not apply retroactively to existing contracts.

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Judge Doubts ‘Harm’ To States From Narrower WOTUS Rule Taking Effect

A federal judge is asking California and other states challenging the Trump administration’s waters of the United States (WOTUS) rule to explain by May 22 why they would face “irreparable harm” from letting the policy take effect June 22 before he rules on whether to stay it, saying it is unclear that the states would suffer such harm.

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Interstate Air Ruling May Signal High Hurdle For New York’s Ozone Lawsuit

A recent appellate ruling largely upholding EPA’s rejection of a petition by Maryland and Delaware seeking direct federal regulation of emissions from sources in upwind states may set a high hurdle for New York in a similar suit -- and more broadly for East Coast states that are relying on the agency’s help to reduce interstate ozone transport.

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