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Litigation

EPA poised to issue final rule ending ‘once in’ air toxics policy

The upcoming publication of the final rule in the Federal Register will start a Clean Air Act 60-day clock for lawsuits, and environmentalists are expected to the challenge the regulation in court.

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9th Circuit Rejects Contribution Claims For ‘Potential Future’ Cleanup Costs

A federal appellate court is limiting contribution costs that a potentially responsible party (PRP) can recover from another liable party at a Superfund site, ruling a plaintiff cannot bring a contribution claim seeking “speculative, potential future response costs.”

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D.C. Circuit Judges Signal Doubts On EPA ‘Interprecursor’ Ozone Trading

Three judges on the U.S. Court of Appeals for the District of Columbia Circuit appear to be leaning toward Sierra Club’s position that EPA cannot lawfully allow ‘interprecursor’ emissions trading by states to attain federal air quality standards, an issue that is key to California’s efforts to curb persistently high ozone levels.

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228549

Public health groups file suit to undo EPA approval of California SIP

The lawsuit will ask the U.S. Court of Appeals for the 9th Circuit to overturn the agency’s decision to approve California’s state implementation plan (SIP) for cutting air pollution in the San Joaquin Valley.

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Court Sets Argument In Dakota Pipeline Suit For Day After 2020 Election

The U.S. Court of Appeals for the District of Columbia Circuit will hear oral argument Nov. 4 in the U.S. Army Corps of Engineers’ appeal of a lower court ruling vacating its approval of a key easement allowing the Dakota Access Pipeline (DAPL) to cross under a Missouri River tributary, one day after the Nov. 3 presidential election.

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State coalition seeks stay of EPA oil and gas air rule rollback

The request from the coalition of almost two dozen mostly Democratic-led states follows a similar request from environmentalists for a federal appeals court to halt EPA’s oil and gas air rule rollback.

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District Court Rejects NRDC’s Push To Force EPA Action On Trash TMDL

A federal district court is rejecting the Natural Resources Defense Council’s (NRDC) push to force EPA to complete a trash cleanup plan for the Anacostia River in Maryland and the District of Columbia but is putting the agency “on notice” that if development of the cleanup plan drags on “interminably” the court may rule differently in the future.

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Federal district court judge denies CEQ’s bid to dismiss NEPA suit

Judge James Jones of the U.S. District Court for the Western District of Virginia also rejected environmentalists’ request to expedite litigation over the National Environmental Policy Act overhaul.

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DOJ, Sierra Club complete briefing in citizen air suit test case

The Department of Justice (DOJ) and the Sierra Club have completed briefing in a key federal district court test case of whether private parties can negotiate terms in a Clean Air Act settlement beyond what DOJ seeks, and are waiting on the judge to determine next steps in the suit where the department is seeking to put curbs on citizen suits.

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Ginsburg Vacancy Could Reset Legal, Political Battles Over Environment

The sudden Supreme Court vacancy opened by Associate Justice Ruth Bader Ginsburg’s death is heightening questions about the future legal fate of environmental protections and starting a political battle amid early signs the fight could help environmentalists bolster the focus on climate and environmental issues in the 2020 election.

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