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Litigation

D.C. Circuit Queries Reach Of Federal Ethics Rules On EPA Advisor Policy

Appellate judges at Feb. 19 oral argument queried EPA and environmentalists over whether federal ethics rules apply to a Trump administration directive barring agency-funded scientists from serving on EPA advisory panels, with two judges appearing divided on the issue while the third judge hearing the case asked few questions.

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EPA Cites Appellate Ruling On Guidance In Bid To End RFS Credit Lawsuit

EPA is urging a federal appeals court to reject a lawsuit over agency guidance that denied renewable fuel standard (RFS) credit for a new method of cellulosic ethanol production, citing the court’s recent ruling in a separate EPA lawsuit that some observers say raised the bar for proving that non-binding guidance can be subject to judicial review.

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EPA Tells 9th Circuit Delay Rule Should Block Court’s Landfill Plan Order

EPA in a new court filing argues that its regulatory change to Obama-era landfill methane standards -- punting compliance deadlines for years -- is essentially the same as a new statute passed by Congress in forcing a lower court to amend a final judgment requiring the agency to complete a federal plan for the rules.

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D.C. Circuit urged to weigh ruling finding EPA advisor policy violates APA

Opponents of former Trump EPA chief Scott Pruitt’s controversial science advisor policy are urging a federal appeals court to review a recent ruling that found the policy violates the Administrative Procedure Act.

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Environmentalists Plan ESA Suit Over 2020 Clean Water Act WOTUS Rule

The Center for Biological Diversity and Waterkeeper Alliance are threatening to sue EPA and the Army Corps of Engineers over the recently finalized “waters of the United States” (WOTUS) rule, alleging they failed to engage in mandatory consultation with other federal agencies under the Endangered Species Act (ESA) before finalizing the rule.

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Industry Ramps Up Attacks In Suit Testing Constitutionality Of Prop. 65

In a case that tests the constitutionality of California’s landmark chemical warning label law, a coalition of agriculture industry groups is pushing back against the state’s defenses as the parties prepare for a hearing on competing summary judgment motions slated for this spring.

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SELC urges court to halt CEQ’s NEPA proposal

The Southern Environmental Law Center is urging a federal court to order the White House to delay the close of the comment period on its controversial NEPA plan until it provides related documents.

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EPA Touts FY19 Rise In Penalties But Other Key Enforcement Metrics Drop

EPA’s just-released fiscal 2019 enforcement results tout an increase in civil and administrative penalties, criminal prosecutions and industry self-audits compared to FY18, but other key enforcement metrics show a significant decline from prior years including a 99 percent plummet in solid and hazardous waste cleanups from FY18.

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Critics urge appellate panel to weigh EPA science advisor ruling

Environmentalists are urging a 1st Circuit panel weighing EPA’s science advisor policy to consider a recent district court ruling that found the policy to be arbitrary and capricious.

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California Defends Cap & Trade Link With Quebec Against Trump Lawsuit

California and its allies are detailing their legal defense against the Trump administration’s lawsuit charging the state’s greenhouse gas cap-and-trade program link to Quebec is unconstitutional, arguing specifically that the connection is not a treaty and does not violate the Compact Clause.

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