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Litigation

EPA withdraws another CWA permit facing EAB challenge

EPA's agreement with a Massachusetts railroad terminal operator to rework its discharge permit marks the third time in a week the agency has agreed to revise contested permit terms rather than defend them.

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EPA finalizes TSCA fees rule but legal challenges possible

Publication of the final Toxic Substances Control Act (TSCA) fees rule allows EPA to start collecting fees under the revised law, but the regulation could face legal challenges.

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Environmentalists threaten EPA with suit to force states' SO2 plans

Environmental groups claim that EPA is violating the Clean Air Act by not compelling several states to submit plans for meeting the agency's sulfur dioxide (SO2) air standard.

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Environmentalists Pressure EPA On Ash Rule Changes In Lieu Of Lawsuits

Environmentalists plan to pressure EPA to revise and tighten its coal ash rule in line with a federal appeals court mandate issued Oct. 15 that formally vacates portions of the Obama-era regulation, in lieu of pursuing waste law enforcement actions against utilities that they claim are now violating the law as a result of the mandate.

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EPA Urged To Speed RMP Changes After Declining Appeal Of Delay Ruling

Chemical industry attorneys are urging EPA to accelerate its plan to undo Obama-era changes tightening the risk management plan (RMP) facility safety program, after the agency opted against appealing a court ruling that scrapped the Trump administration's delay of the revisions and reinstated looming compliance deadlines.

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Former Bush DOJ official Tenpas joins Vinson & Elkins

Ronald Tenpas, former head of the Justice Department's (DOJ) environment division during President George W. Bush's administration, also served on President Donald Trump's 'landing team' at DOJ.

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DOJ Plans To Renew Call For Supreme Court To Halt Youth Climate Case

The Department of Justice (DOJ) is planning to renew its call for the Supreme Court to halt a novel climate change case brought by 21 youth plaintiffs, just weeks before the long-pending and high-profile matter is scheduled to go to trail in a federal district court in Oregon.

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Environmentalists ask EAB to scrap Arizona gas utility's air permit

An Arizona county and power company are fighting Sierra Club's Environmental Appeals Board challenge that claims a gas plant's 'minor source' air permit is 'unenforceable.'

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D.C. Circuit Backs EDF's Criticism Of TSCA CBI Rule But Queries Remedy

Appellate judges at Oct. 12 oral argument strongly backed the Environmental Defense Fund's (EDF) criticism of confidential business information (CBI) provisions in the Trump EPA's final rule that determines chemicals subject to the revised Toxic Substances Control Act (TSCA), but queried what legal remedy they could give EDF.

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Judge Rejects Environmentalists' Bid For Lake Erie Cleanup Plan Mandate

A federal district court judge has rejected environmentalists' attempt to force EPA to develop a cleanup plan for Lake Erie, saying that while he understands their concerns that Ohio may fail to address excess nutrients in the lake given the state's record to date, the law does not support their arguments.

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