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Litigation

EPA issues ‘call for information’ on AFO air emissions

The agency is seeking new input on issues related to emissions generated by animal feeding operations, with some environmentalists pushing for Clean Air Act rules for the facilities.

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223935

D.C. Circuit Vacates CSAPR ‘Close-Out,’ Sets Rehearing Petition Deadline

The U.S. Court of Appeals for the District of Columbia Circuit has vacated EPA’s rule “closing-out” the Cross-State Air Pollution Rule (CSAPR) emissions trading program and set a tight deadline for rehearing petitions, adding further confusion to the agency’s interstate air policy following a separate court defeat over an earlier version of CSAPR.

1033 words

223934

Ameren Ordered To Install Scrubbers In Long-Pending NSR Suit, Vows Appeal

A federal district judge is ordering the Missouri-based utility Ameren to install scrubbers to capture sulfur dioxide (SO2) at its Rush Island coal plant among other remedy requirements in a just-issued judgment in a long-running, high-profile EPA new source review (NSR) enforcement case.

665 words

223932

Landmark Tort Suit Against PFAS Makers Clears First Major Court Hurdle

A federal district court in Ohio has rejected efforts by the manufacturers of per- and polyfluoroalkyl substances (PFAS) to dismiss a landmark tort class action lawsuit that is pursuing industry-funded, independent nationwide health studies and testing to determine the health effects of numerous PFAS found in the blood of nearly all Americans.

1300 words

223927

EPA extends comment period on scrapping ‘once in’ air toxics policy

The agency is extending by 30 days, from Sept. 24 to Nov. 2, the deadline for input on its plan to scrap a policy requiring ‘major’ air toxics sources to always be subject to stringent emissions controls.

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223928

Judge denies EPA’s request to delay TSCA fluoridation trial

Judge Edward Chen of the U.S. District Court for the Northern District of California said delaying the trial schedule by 65 days was unnecessary and prejudicial to the plaintiffs.

548 words

223924

New York loses attempt to sever PFAS claims from consolidated case

The state has failed once again to convince a federal district court to allow its tort litigation over contamination from firefighting foam to be heard by state court.

671 words

223923

Former EPA Chief Reilly Blasts Trump Attack On California Auto Rules

Former EPA Administrator William Reilly is lambasting the Trump administration’s attack on California’s vehicle emissions rules, directing particular fire at its move to preempt California’s zero emissions vehicle (ZEV) program that the agency first authorized during his tenure in President George H.W. Bush’s administration.

822 words

223918

EPA Argues Battery Storage Infeasible As BACT For California Gas Plant

EPA is detailing its justification for rejecting battery storage as best available control technology (BACT) in permitting a California natural gas-fired power plant, in response to environmentalists’ lawsuit arguing the Clean Air Act requires battery storage to prevent harmful pollution.

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223912

Environmentalists join suits over NHTSA bar on California GHG rules

Environmentalists say the National Highway Traffic Safety Administration issued its preemption rule “in excess of statutory authority,” joining 23 states that previously sued over the rule in federal district court.

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