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Litigation

DOJ opposes Oregon ranchers’ bid to stay WOTUS rule

Echoing arguments recently made to a federal court in New Mexico, the Justice Department is asking a federal court in Oregon to reject a request from ranchers to stay the 2020 WOTUS rule.

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Bodine Sets Aug. 31 ‘Termination’ For COVID-19 Enforcement Discretion

EPA enforcement chief Susan Bodine has set an Aug. 31 “termination date” for the agency’s controversial enforcement discretion policy issued for the COVID-19 pandemic, adding a hard deadline to a previous agency statement that only said the policy would wind down “soon” even as Bodine seeks to defend it.

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Baltimore Urges High Court To Reject Oil Sector’s Climate Nuisance Appeal

Baltimore is urging the Supreme Court to reject the oil industry’s push to overturn an appellate decision allowing the city’s climate nuisance case to proceed in state court, arguing there is no circuit split over what issues appeals courts can consider when determining whether state or federal court is the proper venue for a case.

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Environmentalists cite Iowa air plan approval to bolster SSM venue fight

Sierra Club and other groups say EPA’s approval of an Iowa air plan boosts their claim that litigation over another state’s plan should be heard in the U.S. Court of Appeals for the District of Columbia Circuit.

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CLF faces obstacles in restarting novel climate case

A federal appeals court says the Conservation Law Foundation has not explained how it can appeal a lower court’s order staying litigation over an ExxonMobil facility’s environmental permits.

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Critics Cite New High Court Rulings In Vehicle GHG Preemption Case

States and environmental groups are detailing their arguments against EPA and the National Highway Traffic Safety Administration’s (NHTSA) rule preempting state vehicle greenhouse gas standards, charging the move exceeds the agencies’ authorities and that their case is bolstered by a pair of recent major Supreme Court rulings.

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Automakers in California GHG deal weigh in on EPA rollback suit

Automakers that adopted California’s greenhouse gas standards are seeking to influence any potential court remedy in litigation over the Trump administration’s rollback of Obama-era limits.

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Supreme Court declines to hear NEPA border wall case

The high court’s decision not to take up environmentalists’ case is the latest in a string of losses challenging the Trump administration’s broad waiver of environmental laws for the border wall project.

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District Court Judge Backs EPA On One-Time Air Toxics Rule Risk Reviews

A federal district court judge is backing EPA’s long-standing position that it need only conduct “residual” health risk reviews for its existing air toxics regulations once, rejecting environmentalists’ claim that the reviews must occur every eight years alongside related Clean Air Act-mandated reviews of air toxic control technologies.

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EDF targets pipeline approval based on lack of ‘need’

The environmental group’s case focuses on claims that the Federal Energy Regulatory Commission improperly determined there was a “need” for a St. Louis-area natural gas pipeline.

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