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Litigation

EPA seeks OMB review of high court CWA groundwater ruling guidance

The White House Office of Management and Budget on Nov. 20 received the agency’s guidance on implementing the Supreme Court’s landmark Clean Water Act groundwater permitting decision.

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229521

Corps urges district court not to enjoin Dakota Access Pipeline

The Army Corps of Engineers argues that a district court cannot order the pipeline to shut down while the agency considers the environmental effects of a key easement for the project.

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GM Drops Support For Trump Auto Preemption, Backs EV-Focused Rules

General Motors is dropping its legal support of the Trump EPA’s rule preempting California’s vehicle greenhouse gas standards and is now seeking to align itself with environmental groups, the Golden State and the incoming Biden administration in support of national standards and “complementary policies” to electrify the passenger vehicle fleet.

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229519

Biofuels Groups Urge D.C. Circuit To Enforce Order Restoring RFS Target

Biofuels and agriculture industry groups are urging a federal appeals court to enforce the mandate from its 2017 ruling to vacate EPA's decision to reduce some renewable fuel standard (RFS) targets from 2014 to 2016, saying the agency has “brazenly” ignored the ruling by not issuing a new 500 million-gallon biofuels production goal.

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EPA Defends Chesapeake Bay Response In Bid To End Suits Over Cleanup

EPA is defending its interaction with states struggling to meet cleanup goals for the Chesapeake Bay, arguing to a federal district court that the Clean Water Act (CWA) does not require the agency to take specific actions to ensure the cleanup is completed by a specific date and that its evaluation of state implementation plans is not a final EPA action.

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Environmentalists urge federal district court to scrap CEQ’s NEPA rule

Environmental groups float a host of arguments in a summary judgment motion for why a federal district court should vacate the Trump administration’s National Environmental Policy Act streamlining rule.

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Appellate Judges Press DOJ To Resolve Long-Running EPA Wetlands Suit

Judges with the U.S. Court of Appeals for the 9th Circuit pressed a Justice Department (DOJ) attorney at Nov. 19 oral argument on how to resolve lingering concerns over potential EPA Clean Water Act (CWA) enforcement on an Idaho couple’s land that has been the subject of litigation for more than a decade.

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Environmentalists threaten suit over California, Colorado ozone plans

The environmental groups Center for Biological Diversity and Center for Environmental Health say EPA has missed Clean Air Act deadlines to approve ozone plans and must act on them to reduce pollution.

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Legal challenges to EPA power plant ELG consolidated in 4th Circuit

The U.S. Judicial Panel on Multidistrict Litigation has randomly selected the U.S. Court of Appeals for the 4th Circuit to hear consolidated challenges to EPA’s power plant effluent limitation guidelines.

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Cleanup contractor sues EPA, Navy over investigation redo at shipyard

The suit claims EPA and the Navy violated federal administrative law and the Superfund law when they ordered a redo of the investigation and remediation of radionuclides in soil for part of a former Navy shipyard.

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