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Litigation

Ruling Bolsters Plaintiffs’ Push For GHG Review Of BLM Leasing Program

A federal judge is requiring the Bureau of Land Management (BLM) to consider the cumulative greenhouse gas impacts of its oil and gas drilling lease approvals in Wyoming in a landmark ruling that plaintiffs say could ultimately force the administration to review the climate impacts of its entire oil and gas leasing program.

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Setting States' Path, New York Eyes First Dioxane Drinking Water Standard

New York's health department is preparing to propose the nation's first enforceable drinking water standard for 1,4-dioxane, a ubiquitous contaminant at waste sites and in drinking water systems, likely setting a path for other states to follow as one industry attorney says it may be the next “headline chemical.”

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5th Circuit schedules argument in power plant ELG case

The appeals court will hear environmentalists' challenge to the Trump EPA's two-year delay of the effluent limits on May 1.

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Trump has 'unprecedented' failure rate in APA cases

While the federal government often wins about 70 percent of Administrative Procedure Act cases, the Washington Post cites analysis showing that the Trump administration has a 6 percent “win rate.”

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Citizens Win Landmark Ruling Setting Standing, Mobile Source Precedents

A federal district judge in Utah is backing a citizen suit alleging diesel aftermarket parts makers violated the Clean Air Act (CAA), with the decision notable because it may be the first successful private enforcement case against a mobile source manufacturer and because it granted standing to the plaintiffs even though the emission contribution of the alleged violations was small.

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Fearing Litigation Delays, Industry Urges EPA To Finalize RMP Revisions

Groups representing major industries are urging EPA to quickly finalize its rollback of an Obama administration rule that strengthened the Risk Management Plan (RMP) facility accident prevention program, fearing expected litigation over the rollback could extend beyond some of the existing RMP rule’s compliance deadlines.

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To End CWA ‘Patchwork,’ Industry Seeks Quick Rulings On 2015 Standard

Industry groups are making a fresh push for district judges to decide their long-standing challenges to the legality of the 2015 Clean Water Act (CWA) jurisdiction rule in order to end the current “patchwork” of policies on the law’s reach, even as some newly inaugurated Democratic governors are pulling their states out of those suits.

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High court lets stand landmark 6th Circuit toxic tort ruling

The Supreme Court is declining to review an appellate ruling that attorneys have said takes an extremely broad view of when courts can certify toxic tort cases as class actions.

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Canadian Mine Again Asks High Court To Weigh CERCLA's Foreign Reach

The Canadian mining company Teck Metals is again asking the Supreme Court to review a controversial appellate ruling requiring it to pay cleanup response costs even though the release occurred outside the United States, more than ten years after the company failed to convince the court to consider the issue.

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NRDC, states urge court to scrap EPA HFC guidance

EPA issued a guidance in response to a 2017 court ruling partially vacating its 2015 rule limiting refriferants that are potent greenhouse gases, though critics say the guide was too expansive.

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