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Litigation

EPA suggests delayed ozone designations for Texas counties

EPA is urging federal courts to set a binding deadline for issuing ozone designations of no sooner than April 30, with an additional delay until August for some Texas counties.

564 words

211093

EPA Cites Future Suits In Bid To Consolidate Gold King Mine Spill Litigation

EPA is asking federal judges to combine all litigation over the 2015 Gold King Mine wastewater spill including potentially “hundreds” of future cases that victims of the spill might bring if their administrative claims for damages are denied, but plaintiffs in the current suits say the agency fails to meet the high bar for granting consolidation.

729 words

211092

Company Asks Supreme Court To Limit State CWA Power Over Pipelines

The Constitution Pipeline Company is asking the Supreme Court to review and overturn a lower court ruling that upheld New York's denial of a Clean Water Act (CWA) certification for its proposed natural gas pipeline, charging that state authority under the CWA is superseded by federal energy regulators' exclusive jurisdiction over interstate pipelines as well as provisions of energy and natural gas laws.

1247 words

211066

EPA Revisions To Haze Rule Spur Fears Of Weaker Air Pollution Controls

EPA's announcement that it will reconsider aspects of its long-running regional haze rule that requires states to reduce air pollution in national parks and wilderness areas in order to improve visibility is spurring environmentalists' fears that the changes will lead to weaker emissions controls on sources of haze-forming pollution.

1019 words

211063

Haze Rule Reconsideration Signals Pruitt's 'Cooperative Federalism' Push

EPA's just-announced reconsideration of the Obama administration's revised regional haze rule signals how Administrator Scott Pruitt is pushing toward greater state autonomy under the Clean Air Act's system of “cooperative federalism,” where states have the primary role in implementation of clean air policy.

639 words

211062

Environmentalists fault EPA denial of expanded stormwater permits

Environmentalists charge that EPA cannot rely on the potential for future pollution reductions to decline mandating stormwater permits for properties that contribute to water quality harms.

550 words

211059

D.C. Circuit sets oral argument in RMP delay case

The appellate court will hear arguments March 16 in litigation over EPA's almost two-year delay of Obama-era updates to facility safety rules.

422 words

211058

High Court CWA Suit Poses Test For Gorsuch On Deference, States' Rights

A pending Supreme Court petition challenging EPA's rule exempting transfers of one body of water to another from Clean Water Act (CWA) permit protections poses a test for how Justice Neil Gorusch will balance his opposition to deferring to agencies' decisions with his support for the rights of the states that back the rule, observers say.

1524 words

211050

EPA Defends Obama-Era CSAPR 'Update' From Competing Legal Attacks

The Trump administration in a new legal brief is defending an Obama-era rule “updating” the Cross-State Air Pollution Rule emissions trading program, rejecting some states' claims that the rule is unnecessarily stringent and other states' and environmentalists' arguments that the update should have imposed stricter air pollution limits.

1225 words

211049

EPA Rejects Ohio's Lake Erie Decision, Environmentalists Seek Cleanup Plan

EPA has withdrawn its prior approval of Ohio's decision to leave the open waters of Lake Erie off the state's 2016 list of impaired waters after finding that Ohio's initial submission was incomplete, but environmentalists who have sued EPA over the initial approval are urging a federal court to compel the agency to develop a cleanup plan for the lake.

893 words

211048

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