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Litigation

Legal challenges to EPA power plant ELG consolidated in 4th Circuit

The U.S. Judicial Panel on Multidistrict Litigation has randomly selected the U.S. Court of Appeals for the 4th Circuit to hear consolidated challenges to EPA’s power plant effluent limitation guidelines.

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Cleanup contractor sues EPA, Navy over investigation redo at shipyard

The suit claims EPA and the Navy violated federal administrative law and the Superfund law when they ordered a redo of the investigation and remediation of radionuclides in soil for part of a former Navy shipyard.

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4th Circuit Waiver Ruling Further Complicates EPA’s Future Plans For RFS

A federal appeals court ruling scrapping EPA’s denial of a renewable fuel standard (RFS) compliance waiver for a small West Virginia refiner further complicates the agency’s efforts to plan for the future of the RFS, creating new legal questions about dozens of pending waiver requests amid ongoing Supreme Court litigation over the waiver policy.

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USFS finalizes controversial NEPA exclusion rule

The agency-specific regulation comes amid continued legal wrangling over the White House’s sweeping rule streamlining how all agencies implement the National Environmental Policy Act.

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Litigation clock starts for EPA rule scrapping ‘once in’ air toxics policy

Environmental groups have already pledged to challenge the rule in court, warning that it could lead to spikes in toxic air pollution from industrial facilities.

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10th Circuit Questions Role Of High Court Ruling, Harm In WOTUS Appeal

A three-judge panel of the U.S. Court of Appeals for the 10th Circuit questioned attorneys Nov. 18 about the role of a major Supreme Court ruling in shaping federal regulations on the scope of the Clean Water Act (CWA) and the potential harm to Colorado from a Trump administration CWA rule as they weighed whether to reverse a stay of the rule.

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EPA seeks to combine lawsuits over power plant ELG revisions

EPA has notified the U.S. Judicial Panel on Multidistrict Litigation of two challenges to the agency’s power plant effluent limitations guidelines (ELG), the first step in combining the lawsuits.

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EPA grants reconsideration of organic liquids air toxics rule

The agency is proposing to stay and reconsider its recent final rule revising air toxics standards for the non-gasoline organic liquids distribution industry.

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ACC targets EtO review in suit over EPA chemical manufacturing air rule

The chemical industry group suggests EPA erred by relying on a stringent assessment of health risks from the solvent ethylene oxide when setting air toxics limits for the chemical manufacturing sector.

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Biden’s EPA Transition Chief Stresses Enforcement To Drive EJ Policy

Patrice Simms, President-elect Joe Biden’s pick to lead the EPA transition team, is an environmental lawyer with a long history of advocating for environmental justice (EJ) by pushing for stepped up enforcement of pollution rules in poor and minority communities, a sign of one approach the incoming administration may take to address EJ concerns.

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