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Litigation

EPA moves to reclassify Denver to ‘serious’ ozone nonattainment

The move -- which was required by Colorado Gov. Jared Polis (D) and opposed by the oil and gas sector -- likely would lead to additional pollution controls on drillers.

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Trump critics continue to attack analysis of auto GHG plan

A consumer group is out with a new report finding the plan will significantly boost drivers’ fuel costs, while environmentalists are renewing a legal bid to force EPA to release analysis they argue undercuts the Trump rollback.

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EPA Seeks To Preempt California’s Glyphosate Warnings As Suit Nears

EPA is issuing guidance to companies that sell products containing the herbicide glyphosate to avoid and remove any labeling that says glyphosate causes cancer, in direct conflict with California Proposition 65 warning requirements for the chemical compound that have been temporarily set aside by a federal district court.

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DOJ Begins Rejecting SEPs In Municipal Settlements, Undercutting Policy

AUSTIN, TX -- The Department of Justice (DOJ) is rejecting supplemental environmental projects (SEPs) in settlements it is negotiating with local governmental agencies, a move that appears to undercut department policy that says it will approve the projects as part of deals provided they comply with EPA’s SEP policy, attorneys say.

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Minnesota court blocks CWA permit for controversial mine

The state appeals court’s stay is in effect while a state trial court determines whether it was unusual for state regulators to keep out of the public record EPA’s critical comments about the permit.

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States Cite NHTSA Penalty Rule In Lawsuit Over EPA Auto GHG ‘Finding’

Democratic-led states are seeking to use Trump officials’ regulatory statements against them in a pending legal challenge to a key EPA decision to weaken Obama-era vehicle greenhouse gas standards, arguing the administration in a separate rule acknowledges the agency’s decision is final and thus subject to court review.

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Chamber, coal groups seek to back EPA in ACE suit

The two industry groups are supporting EPA’s defense of its Affordable Clean Energy rule in litigation filed by two public health groups that is expected to include many additional petitioners.

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Court Rejection Of Pipeline GHG Challenge Underscores Limits Of NEPA

A recent appellate decision upholding the adequacy of federal energy regulators’ greenhouse gas review of the Atlantic Sunrise natural gas pipeline shows the limits of the National Environmental Policy Act (NEPA) and environmentalists’ efforts to use the law to challenge agency approvals.

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EPA decision preserving chlorpyrifos uses draws suits

Environmentalists, farmworker groups and Democratic attorneys general are suing EPA over its recent decision preserving the remaining uses of the widely used pesticide.

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EPA’s landfill methane rule deadline extension clears OMB

The final rule would extend a series of compliance deadlines for states and EPA under Obama-era methane standards, conflicting with a recent court order for the agency to speed implementation.

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