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Litigation

Judge rejects EPA request to stay coal ash rule suit due to shutdown

A federal district court case says EPA can propose a briefing schedule in the suit and submit other mandatory filings without using 'substantial' resources during the government shutdown.

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EPA Fights Suit Challenging Raised Bar For Title V Air Permit Objections

EPA, backed by industry groups and Texas, is fighting environmentalists' lawsuit that claims the agency has raised the bar for challenging Clean Air Act Title V permits by finding that objections to the permits cannot target other permits, defending its policy in an appellate court case similar to at least two other pending lawsuits.

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Environmentalists urge court to preserve lead paint rule suit

Environmentalists are urging an appellate court not to “administratively terminate” their suit over EPA's failure to determine whether it must regulate lead paint in public and commercial buildings.

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Appellate Court Backs States' 'Broad' Discretion In Setting CWA 401 Criteria

A federal appellate court has upheld Virginia's Clean Water Act (CWA) section 401 certification approving a federally permitted natural gas pipeline and emphasized states' “broad discretion when developing the criteria” for such certifications, a ruling that could undermine efforts by GOP policymakers to limit states' discretion.

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EPA defends 2018 RFS from diverse legal attacks

EPA is defending its 2018 renewable fuel standard (RFS) fuel blending volumes rule from a broad range of legal attacks in final briefs, ahead of oral argument in litigation slated for next month.

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Environmentalists Seek To Continue Some EPA Suits As Shutdown Drags On

Environmentalists are pushing back against EPA's efforts to stay all regulatory challenges and other litigation where the agency is a party until the government shutdown ends, arguing officials including Department of Justice (DOJ) attorneys have authority to keep working on any case where a judge orders proceedings to continue.

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States defend push to consider 'background' ozone in NAAQS

Several states in a new letter to an appellate court say EPA has a responsibility to consider background ozone when setting national ambient air quality standards for the criteria pollutant.

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Judge dismisses records act lawsuit, citing EPA policy

The judge found that EPA's policy reiterating requirements to comply with the Federal Records Act mooted the suit, which alleged that former administrator Pruitt had failed to adequately document decisions.

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EPA Touts FY18 Enforcement Hike In Pollution Cuts But Criticism Persists

Acting EPA Administrator Andrew Wheeler says the agency's pending fiscal year 2018 enforcement results include 800 million pounds of pollution and waste reduced, which he says is a major increase over FY17, despite environmentalists' fears that the agency's overall enforcement efforts have plummeted since the Obama administration.

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Environmentalists Cite EPA 'Action' To Fight High Court Groundwater Case

Environmentalists say EPA's impending policy “action” on whether the Clean Water Act (CWA) applies to pollution traveling through groundwater to surface waters is justification for the Supreme Court to reject two pending cases on the question, saying the action could create a new “regulatory landscape” midway through complex litigation.

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