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Litigation

Ruling Likely To Force Rewrite Of EPA Water Rule For Factory Farms

A federal appellate ruling is likely to force a major rewrite of EPA's rule governing discharges from factory farms, with the court backing environmentalists' arguments that the rule was not sufficiently protective, but also agreeing with industry that the feedlots are not necessarily required to have permits as EPA had mandated.

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COURT QUERY IN CHEVRON SUIT PROMPTS EPA DEFENSE OF REFINERY PACTS

EPA and the Justice Department (DOJ) have issued new explanations of an environmental settlement with Chevron that provides a broad defense of the agency's negotiation of comprehensive air pollution limitation agreements with refiners under its long running Clean Air Act enforcement initiative.

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LAWSUIT MAY OVERHAUL EPA PESTICIDE REVIEWS, ADVISORY PANEL PROCESS

Environmentalists have filed a lawsuit against EPA that could significantly overhaul the way it reviews pesticide registrations and seeks advice from outside experts on a broad range of policy issues. At the same time, the suit may force the agency to release more information about the controversial pesticide dichlorvos (DDVP), which environmentalists say is dangerous to the nervous system of humans and animals.

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5TH CIRCUIT AVIALL RULING TO SLOW REVIEW OF NEW SUPERFUND RELIEF AVENUE

RELIEF AVENUE

The 5th Circuit Court of Appeals' decision last week to send questions remanded by the Supreme Court in its landmark Aviall ruling on Superfund cost recovery to a federal district court may slow judicial reconsideration of alternative avenues for seeking cleanup costs under the law, industry sources say.

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EPA Defends Clean Air Settlements With Refiners Following Court Query

EPA and the Justice Department (DOJ) have issued an explanation of an environmental settlement with Chevron that provides a broad defense of the agency's negotiated agreements with refiners under a long-running Clean Air Act enforcement initiative.

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Industry May Appeal Landmark Court-Ordered Cleanup Remedy

A major manufacturing company is weighing an appeal of an unprecedented federal appellate ruling that industry officials say will allow courts to determine cleanup remedies without input from regulators, arguing that the ruling may force cleanups that are much more stringent than necessary to protect public health.

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Western States Hope To Minimize Impact Of Court Ruling On Regional Haze

Western state officials are trying to assess whether they can minimize the impact of a recent federal court ruling that may invalidate an emissions trading program for several western states designed to improve visibility.

A source with the Western Governors' Association (WGA) says there is some discussion underway on whether it might be possible for states or EPA provide additional analysis to bolster the legal basis for the trading program.

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Lawsuit May Overhaul EPA Pesticide Reviews, Advisory Panel Process

Environmentalists have filed a lawsuit against EPA that could significantly overhaul the way it reviews pesticide registrations and seeks advice from outside experts on a broad range of policy issues. At the same time, the suit may force the agency to release more information about the controversial pesticide dichlorvos (DDVP), which environmentalists say is dangerous to the nervous system of humans and animals. The suit, filed Feb. 17 by the Natural Resources Defense Council (NRDC) in the U.S.

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Air Force Lawsuit May Boost Industry Efforts To Recover Cleanup Costs

A lawsuit filed by the Air Force against several Tennessee municipalities could boost industry efforts to cite the Superfund law's section 107 as a legal avenue for seeking repayment of costs at voluntary cleanups. The use of section 107 claims has been crucial for industry after a landmark Supreme Court ruling late last year blocked companies from relying on the more widely used section 113 of the Superfund law.

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Appellate Court Weighs Extraterritorial Reach Of Superfund Statute

In separate cases of first impression, a federal appeals court will rule on whether or not the federal Superfund law can apply outside the boundaries of the United States.

The litigation before the U.S. Court of Appeals for the Ninth Circuit has raised concerns among industry and the U.S. government that the cases could infringe on foreign sovereign immunity and spark retaliation from foreign governments.

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