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Litigation

DOJ seeks to participate in arguments on climate nuisance case

DOJ attorneys want to have a voice in oral arguments next month when the court hears an appeal brought by two California cities that are seeking monetary damages for climate change from several oil companies.

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Environmentalists Expand Suit Targeting Western Oil & Gas Leasing

Environmental groups are significantly expanding their litigation challenging the climate change-related analysis supporting federal oil and gas drilling leases across the West, targeting over 2,000 leases in five states while also trying to block nearly 500 separate leases that were the subject of a prior suit from the groups.

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TSCA Plaintiffs Overcome Early Hurdles But Face Judge’s Skepticism

Plaintiffs challenging EPA’s denial of a Toxic Substances Control Act (TSCA) citizen petition seeking to ban drinking water fluoridation may have overcome an initial EPA motion to end the case but the judge’s recent ruling allowing the landmark suit to proceed highlights the court’s skepticism on key issues to address in the future, attorneys say.

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EPA Defends Not Compensating For Small Refinery Waivers In 2019 RFS

EPA is defending its decision not to use its 2019 renewable fuel standard (RFS) rule to compensate for lost biofuels production as a result of RFS waivers that the agency might have granted for that compliance year, even as the Trump administration vows to shift to a policy that could reduce the number of exemptions granted.

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DOJ, Critics File Dueling Arguments On Pace Of Auto GHG Waiver Suit

The Department of Justice (DOJ) is opposing a request by states and environmentalists that a federal appeals court pause a dispute over EPA’s preemption of California vehicle greenhouse gas rules pending resolution of a related dispute in district court over the Department of Transportation’s (DOT) portion of the rulemaking.

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EPA makes permanent Srinivasan’s role as top air lawyer role

Gautam Srinivasan, previously acting associate general counsel of EPA’s Air & Radiation Law Office, has been appointed to the position permanently.

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NEPA Fight Starts On Trump’s Plan To Curb ‘Effects’ Agencies Must Review

The fight over the Trump administration’s plan to scale back implementing rules for the National Environmental Policy Act (NEPA) is kicking into gear, with the proposal’s narrower definition of the “effects” agencies must consider in environmental reviews of major projects emerging as a significant early battleground.

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New York declines to appeal ruling in Exxon fraud suit

Despite not pursuing an appeal of the trial court loss, state Attorney General (AG) Letitia James (D) says the trial was the “first time in history” that Exxon was forced to publicly answer for its climate messaging.

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Steelworkers join in challenging EPA’s RMP rule rollback

“Eliminating these requirements will allow a profit-hungry industry to police itself while putting workers, first responders and the public at risk,” USW International President Tom Conway said in a statement.

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4th Circuit rejection of air permit creates new hurdle for Atlantic pipeline

The U.S. Court of Appeals for the 4th Circuit in a new air permit ruling creates a fresh hurdle for the Atlantic Coast Pipeline intended to bring fracked natural gas from West Virginia to North Carolina.

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