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Environmentalists threaten to sue EPA over Denver ozone SIP

Environmental groups are threatening to sue EPA over its failure to approve plans from Colorado to cut ozone in the Denver region.

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EPA Defends ‘Special Case’ CWA Exclusion From Legal Challenges

EPA is urging a federal district court to find that it properly excluded 1,365 acres of salt ponds adjacent to San Francisco Bay from Clean Water Act (CWA) jurisdiction, one of the rare cases where EPA has invoked its “special case” authority allowing it, rather than the Army Corps of Engineers, to make the final CWA jurisdictional determination.

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UARG attorneys join new law firm

Three attorneys that represented the now-defunct Utility Air Regulatory Group are leaving the law firm that had long represented the group, and they are joining the firm McGuireWoods.

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Court Allows Air Force’s Landmark Challenge To New Mexico’s PFAS Permit

A federal district court has ruled the Air Force can move forward with its landmark case challenging New Mexico’s regulation of per- and polyfluoroalkyl substances (PFAS) in a hazardous waste permit for a base, bolstering the military’s precedent-setting attempt to limit states’ PFAS authorities over cleanup of the emerging contaminants.

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EPA, Sierra Club Defend Injunctive Relief In Key NSR Air Permit Appeal

EPA and environmentalists in new legal briefs are defending a federal district court’s requirement that electric utility Ameren Missouri install tougher emissions controls on two power plants, in an appeal testing the limits of EPA’s enforcement authority under the new source review (NSR) air permit program.

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Chemours left to arbitrate fraudulent claims against DuPont

A Delaware state court ruled March 30 that it lacks jurisdiction to oversee the legal challenge.

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Environmentalists file new suit over EPA’s Montana nutrients decision

Upper Missouri Waterkeeper argues the agency and state are illegally attempting to circumvent the Clean Water Act’s goals by eliminating science-based numeric nutrient criteria.

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Environmentalists Seek Reporting On Firms’ Use Of EPA’s Virus Policy

A coalition of environmental organizations is petitioning EPA to quickly issue an emergency rule that would require companies that make use of the agency’s enforcement discretion policy during the coronavirus pandemic to disclose when they stop monitoring or reporting their releases and provide a justification for doing so.

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EPA, Industry Defend Virus Enforcement Guidance As Limited, Reasonable

EPA and many industry attorneys are defending the agency’s guidance limiting civil enforcement for reporting and monitoring during the coronavirus pandemic as a responsible and limited response to the unprecedented restrictions imposed to address the health emergency, stressing that the guide is not, as some critics charge, a “license” to pollute.

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2nd Circuit Backs NRDC's Push For EPA To Release Vehicle GHG Model

In a win for environmentalists, a federal appeals court is ordering EPA to publicly release its computer model that could highlight faulty assumptions in the agency’s rollback of vehicle greenhouse gas standards, saying the model is not “deliberative” data protected from disclosure under the Freedom of Information Act (FOIA).

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