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Litigation

EPA Readies Deadline Extension For Ash Site Closure In Response To Court

EPA has sent for White House review the first of at least two rulemakings to revise Obama-era coal ash disposal standards in response to a 2018 court ruling that the policy was too weak, but the pending proposal will put off addressing the court mandate to regulate unlined and “legacy” ash sites in favor of a deadline extension and other issues.

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NRECA wins bid to intervene after UARG exits suit

A group representing electric co-ops is being allowed to intervene in a case regarding interstate air emissions after the defunct Utility Air Regulatory Group left the suit.

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Judges Doubt Counties’ Bid To Bypass Preemption For VW Emissions Fines

Judges on the U.S. Court of Appeals for the 9th Circuit appear to doubt two counties’ case seeking civil penalties from automaker Volkswagen (VW) for its use of “defeat device” software to cheat on federal air emissions standards, pressing the counties’ hard at Aug. 6 oral arguments on why their claims are not preempted by federal claims.

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Observers Expect Agency-Specific Deference After High Court Ruling

Supreme Court observers expect lower courts to grant EPA and other agencies narrower, agency-specific deference to interpret ambiguous regulatory language in the wake of the high court’s recent Kisor v, Wilkie ruling that generally preserved so-called Auer deference but reinforced limits on its use.

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Sierra Club Suit Adds Pressure On Pennsylvania To Tighten NOx Controls

A Sierra Club lawsuit against EPA over its approval of Pennsylvania’s plan to curb ozone-forming nitrogen oxides (NOx) adds to pressure on the Keystone State to further limit NOx from sources it can regulate, as surrounding states weigh asking EPA to force Pennsylvania to cut NOx they say is hindering their ability to meet federal ozone limits.

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States sue to overturn NHTSA rule lowering CAFE penalties

The lawsuit targets the National Highway Traffic Safety Administration’s final rule rescinding an Obama-era penalty hike for violating fuel economy standards.

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9th Circuit Judges Doubt Environmentalists’ Challenge To CRA Rule Repeals

Federal appeals court judges at Aug. 5 argument appeared doubtful of environmentalists’ suit aiming to revive Obama-era rules the GOP scrapped using the Congressional Review Act (CRA) in the early days of the Trump administration, strongly questioning claims that the CRA is unconstitutional and the repeals were unlawful.

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White House Begins Review Of EPA-DOT Final Vehicle GHG Rule Rollback

The White House has begun inter-agency review of EPA and the Transportation Department’s (DOT) final rule rolling back Obama-era vehicle greenhouse gas and fuel efficiency standards, amid continued sharp opposition to the plan from California and even a rebuke from some automakers.

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CBD threatens to sue EPA over SDWA aquifer exemption

The Center for Biological Diversity claims EPA should have conducted endangered species consultation and broader environmental review before approving the exemption to aquifer protections.

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EPA’s Ross sees ‘transformative times’ from CWA battles

Three pending rules and legal fights related to the scope of EPA and states’ power under the Clean Water Act could “dramatically change the scope” of the law, EPA water chief David Ross says.

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