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Litigation

EPA Drops Plan For CWA Spill Rule Despite Settlement To Consider Policy

EPA is proposing to formally drop plans for a Clean Water Act (CWA) rule to prevent or contain industrial chemical spills by claiming that current policies already cover all the requirements that a comprehensive spill policy would include, drawing fire from environmentalists who had a settlement with EPA to consider pursuing the new rule.

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Texas business group launches new suit over Obama-era CWA rule

The suit seeks to block not only the 2015 rule but any future rule from asserting authority over waters known as Texas coastal prairie wetlands.

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EPA Raises Early Defenses Against Likely Suit Over Ash Program Approval

EPA is raising early legal defenses against environmentalists' promised legal challenge to the agency's approval of Oklahoma's first-of-its-kind coal ash disposal permit program, with EPA downplaying as irrelevant environmentalists' claims that the Sooner State lacks the resources to adequately implement its new permitting regime.

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Court Rejects Coal Lease NEPA Review Suit But Outlines Paths Forward

A federal appeals court panel is rejecting a long-running lawsuit seeking to force the Bureau of Land Management (BLM) to conduct a broad National Environmental Policy Act (NEPA) review to consider the climate impacts of its coal leasing program, but two of the three judges are outlining other options environmentalists can use to force such analysis.

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Environmentalists detail issues in Superfund financial rule suit

Environmental groups suing over EPA's decision to drop a planned Superfund rule are questioning whether the agency's action is contrary to the administrative record and the law.

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D.C. Circuit schedules argument in SO2 NAAQS designations suit

The U.S. Court of Appeals for the District of Columbia Circuit will hear oral argument Sept. 11 in consolidated litigation over EPA's 2010 sulfur dioxide air standard attainment designations.

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Environmentalists May Tighten Demands After Pesticide 'Mega' Suit Proceeds

A judge is allowing environmentalists to continue their long-running suit seeking to force EPA to consult with wildlife regulators on risks of dozens of pesticides to endangered species, but the plaintiffs may face new complications, including a requirement to seek vacatur of the products' registrations because EPA's bar on settlements may preclude a deal on the review deadlines the group is seeking.

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Litigants Clash Over Reach Of Ruling On CERCLA Third-Party Defense

California regulators and a tax-sale property buyer are at odds over whether a federal appeals court should reconsider its precedent-setting ruling that blocked the property buyer from using the Superfund law's third-party defense as a shield against liability, which the buyer says will leave local taxing authorities "stuck" with contaminated properties.

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EPA Sends New CWA Jurisdiction Rule To OMB But Legal Battles Escalate

EPA has sent a narrower Clean Water Act (CWA) jurisdiction rule for White House pre-publication rule to replace the Obama-era jurisdiction rule, but even though the submission marks a major step forward in the agency's repeal-and-replace plan the legal battles over the existing rule and EPA's replacement process are escalating.

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Enforcement Appeal On Use Of Kennedy CWA Test Could Boost EPA Rule

A California construction company is trying to force a new appellate decision on which of two competing Supreme Court Clean Water Act (CWA) jurisdiction tests judges should apply, just as EPA is readying a new jurisdiction rule that would use the firm's preferred narrower test and could get a major boost if courts start to back that standard.

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