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Litigation

Refiner Rejects EPA’s Claim Of ‘National’ Scope For RFS Hardship Waiver

Small refiner Sinclair Wyoming Refining is fighting to keep its challenge to EPA’s denial of a renewable fuel standard (RFS) economic hardship waiver in regional appellate court, as the agency seeks to dismiss the case and hear challenges to RFS waivers as “national” actions in the U.S. Court of Appeals for the District of Columbia Circuit.

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Novel RCRA Citizen Suits Rise As Federal Enforcement, Funding Decline

The number of citizen suits filed under the Resource Conservation & Recovery Act (RCRA) is rapidly increasing as citizens test novel theories including expanded endangerment claims and related unique arguments, taking the place of federal enforcement, regulation and funding that is declining, according to a private practice attorney.

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EPA Denies Interstate Rulings Invalidate Rejection Of States’ Ozone Petitions

EPA is denying that recent appellate rulings faulting its interstate air pollution policy also invalidate its rejection of Eastern states’ petitions asking the agency for stricter ozone rules in upwind states, arguing in new filings that the two court decisions address issues unrelated to EPA’s primary justification for denying the petitions.

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D.C. Circuit Split On Procedural Bar In Suit Over EPA Air Permitting Policy

Appellate court judges at oral argument appeared split over environmentalists’ suit challenging an EPA guidance that critics say makes it easier to avoid strict Clean Air Act permitting reviews, with two judges doubting it is a “final” action subject to court review while the third judge questioned the agency’s legal basis for the guidance.

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Environmentalists, Industry Groups Detail Opposition To ACE Climate Rule

Environmental groups are for the first time outlining the issues they intend to raise in their litigation challenging EPA’s Affordable Clean Energy (ACE) rule addressing power plant greenhouse gas emissions and its simultaneous repeal of the much more stringent Clean Power Plan (CPP) that ACE replaces.

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Oil companies ask high court to stay climate nuisance ruling

The firms argue that “whether global warming claims based on worldwide greenhouse gas emissions necessarily arise under federal law is a question of great national importance.”

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D.C. Circuit urged to rehear suit over scrapped EPA ‘once in’ air policy

California and several environmental groups say the appellate court erred in its 2-1 ruling rejecting their suit over an EPA memo scrapping a long-running policy on strict air toxics controls.

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Administration Pursues Narrow NEPA GHG Reviews In Fossil Leasing Suits

The Trump administration is continuing to pursue its narrow approach to considering climate change in National Environmental Policy Act (NEPA) reviews, defending the strategy in courts even as it has been ordered to consider broader, cumulative climate effects of its fossil fuel lease approvals.

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EPA urges D.C. Circuit to reject requests to pause ACE litigation

The agency says that pausing the litigation until it finishes a related rule on new source review requirements “would delay resolution of this case a half year or more.”

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EPA Prepares To Defend ‘Significant Impact Level’ Air Permit Screening

EPA at Oct. 7 appellate court oral argument will defend its use of “significant impact levels” (SILs) to ease Clean Air Act permitting for local regulators against environmentalists’ claim that the screening tools allow unlawful air pollution, while major industry groups are intervening to support the agency’s policy.

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