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Litigation

Groups Eye Suit To Enforce Ozone Guide Ahead Of Planned EPA Rollback

Two environmental groups are threatening litigation against EPA to force overdue implementation of control technology guidelines (CTGs) for curbing ozone precursor emissions from oil and gas facilities -- seizing on Obama-era guidelines that remain on the books despite Trump officials’ efforts to repeal them.

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Judges Take Different Tacks In High-Profile NEPA Remedy Rulings

Two judges are taking starkly different tacks when ruling on how to remedy federal agencies’ violations of the National Environmental Policy Act (NEPA), highlight the range of legal remedies that are possible under the law as courts sometimes remand decisions to fix violations while in other cases they scrap-- or at least delay -- a project approval.

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EPA seeks to revise CBI rule after TSCA ruling

EPA is proposing “two additional questions that manufacturers and processors would be required to answer to substantiate certain CBI claims for specific chemical identities.”

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Landowners Resist Navy’s Bid To Dismiss Landmark PFAS Monitoring Suit

Pennsylvania residents are urging a federal district court to reject the Navy’s attempt to dismiss precedent-setting litigation seeking the military’s payment for medical monitoring to detect health issues that may develop after exposure to perfluorinated chemicals, saying the Navy cannot reargue issues already settled by an appeals court.

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Parties Fight Over Venue For Suit On Preemption Of California Auto Rules

The battle over the proper venue for litigating the Trump administration’s rule preempting California’s vehicle greenhouse gas program is heating up, with the government recently arguing federal district courts lack jurisdiction to hear lawsuits brought by states and environmentalists.

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Judges Weigh NPL Listing Challenge But Wrestle With ‘Arbritary’ HRS Rule

Appellate judges reviewing a first-time industry suit contesting EPA’s Superfund listing of a vapor intrusion site seemed to be grappling with the suit’s narrow challenge to the listing decision as it applies the agency’s 2017 Hazardous Ranking System (HRS) regulation governing the listing of such sites, even though the rule is not the subject of the suit.

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Judges Weigh NPL Listing Challenge But Wrestle With ‘Arbitrary’ HRS Rule

Appellate judges reviewing a first-time industry suit contesting EPA’s Superfund listing of a vapor intrusion site seemed to be grappling with the suit’s narrow challenge to the listing decision as it applies the agency’s 2017 Hazardous Ranking System (HRS) regulation governing the listing of such sites, even though the rule is not the subject of the suit.

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As Defendants Brace For SEP Ban, Water Agencies Eye Legislative Fix

Lawyers representing municipal and industrial entities are bracing for the Justice Department (DOJ) to largely ban the use of supplemental environmental projects (SEPs) in enforcement settlements, with some municipal water agencies now turning to Congress to authorize the popular projects that defendants often seek in settlements to ease penalties.

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Municipal Water Attorney Sees ‘Silver Lining’ In DOJ’s Bar On SEPs

Even as municipal water agencies lobby Congress to reverse the Justice Department’s (DOJ) almost certain bar on supplemental environmental projects (SEPs), a lawyer who represents some municipal agencies says there is a “silver lining” in DOJ’s policy.

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EPA, environmentalists spar over Alabama impaired waters revision

EPA is asking a federal court to voluntarily remand its approval of Alabama’s decision to remove some stream segments from an impaired waters list while environmentalists insist a court vacatur must happen first.

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