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Litigation

D.C. Circuit Upholds EPA Rejection Of States’ Petition For OTC Expansion

A federal appeals court has upheld EPA’s rejection of a petition from East Coast states seeking an expanded Ozone Transport Commission (OTC) region where stricter ozone controls could be imposed to curb interstate air pollution, citing EPA’s discretion but noting states have other options for trying to force the agency to cut transported emissions.

1245 words

222096

Critics Charge EPA Lacks Legal Justification For CSAPR ‘Close-Out’ Rule

Several states and environmental groups seeking stricter EPA policies to curb interstate ozone air pollution are urging a federal appellate court to scrap the agency’s rule to “close-out” its major cross-border air trading program without requiring additional ozone cuts from states, saying EPA lacks legal justification for the rule.

740 words

222100

CWA Rule Critics Launch Suits To Block Obama Rule In Democratic States

Ranchers and local-government groups are launching new lawsuits aiming to preserve or expand the current bar on EPA and the Army Corps of Engineers implementing their 2015 Clean Water Act (CWA) jurisdiction rule in certain states, pushing back against new Democratic governors who have withdrawn from suits over the rule.

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222092

Ohio county renews litigation bid for Lake Erie TMDL

Local elected officials from an Ohio County adjacent to Lake Erie are asking a federal court to require EPA to develop a nutrient cleanup plan for the lake.

552 words

222081

District judge allows Flint residents to sue EPA over ‘negligence’

A federal district judge says plaintiffs affected by the city’s lead contamination crisis can proceed with their suit seeking damages from EPA, because its response “cannot be justified” as a matter of policy discretion.

648 words

222079

Industries Float Legal Defenses For CWA Rule, Urge EPA To Narrow Scope

Industry groups are offering legal defenses for EPA’s proposal to narrow its Clean Water Act (CWA) jurisdiction standard compared to an Obama-era rule on the law’s reach, but they are also urging the agency to restrict jurisdiction even further than planned by placing new limits on regulating “traditional navigable waters” (TNWs).

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222077

9th Circuit Orders EPA To Answer Objections To Chlorpyrifos Ban Reversal

A federal appellate court is ordering EPA to quickly respond to environmentalists’ objections to former Administrator Scott Pruitt’s reversal of an Obama-era proposed ban on the pesticide chlorpyrifos, an answer that would clear the way for critics of the decision to challenge the agency in courts on the merits of the reversal.

635 words

222078

Draft EPA FY20 Guidance Floats Plans For New Water, Enforcement Metrics

Draft EPA guidance for implementing its pending fiscal year 2020 budget includes plans from the enforcement and water offices to craft and track an array of new compliance metrics they say will provide more details on the extent of environmental violations and other factors, which will lead to more-specific policy goals for core agency programs.

986 words

222071

EPA Urges Court To Reject Challenge To Mercury Inventory, Waivers

EPA is urging a federal appellate court to dismiss a suit brought by states and environmentalists seeking to strengthen the agency's June 2018 mercury inventory and repeal the categories of reporting waivers it included, arguing that its rule met requirements that Congress included in its reform of the Toxic Substances Control Act (TSCA).

1138 words

222069

NRDC says Mexichem ruling does not block suit on HFC guide

Environmentalists and a coalition of states say a recent appellate court ruling only partially vacated an Obama-era rule limiting climate-warming refrigerants, while Trump officials' guidance seeks to scrap the entire rule.

376 words

222067

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