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Litigation

EPA eyes new rule to codify controversial science advisor policy

EPA declined to appeal a ruling vacating the controversial policy but indicated it may seek to codify it in a new ethics regulation.

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Antitrust Probe Testimony Could Boost Suit Over State Auto GHG Rules

Capitol Hill testimony from a current Department of Justice (DOJ) official is lending new weight to claims that the Trump administration’s attacks on California and other states’ vehicle climate rules are driven by politics rather than substance, potentially bolstering a legal fight against the administration’s move, according to observers.

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Bayer Settles Massive Tort Litigation Over Herbicide, PCBs Claims

Pharmaceutical giant Bayer June 24 announced it is settling massive multi-faceted tort litigation brought against its subsidiary agrochemical company Monsanto, committing to pay as much as $12.12 billion to remedy claims allegedly linking cancer to its herbicide Roundup and claims from states and localities over polychlorinated biphenyl (PCB) water contamination.

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Former EPA Staff, Local Air Agency Critique EPA Guidance Restrictions

Former EPA officials and some local air regulators are criticizing the legal basis and implications of EPA’s proposed rule placing new restrictions on guidance documents, arguing the plan continues a pattern by Trump officials of using vague statutory authority to issue deregulatory actions.

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EPA Weighs Options For Policy ‘Clarity’ With High Court Groundwater Ruling

EPA is grappling with its options for providing policy “clarity” to the Supreme Court’s decision finding discharges of pollutants that travel through groundwater to surface waters can require a Clean Water Act (CWA) permit, says Region 4 chief Mary Walker, including potential rulemaking, guidance, and other measures.

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EPA’s utility GHG defense draws lone amicus filer

The National Association of Home Builders is backing EPA’s decision to repeal the Obama-era Clean Power Plan, though it takes no position on the replacement Affordable Clean Energy rule.

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Housing industry backs EPA in defense of lead dust hazard rule

The housing industry is backing EPA’s defense of its lead dust hazard rule against environmentalists’ legal challenge, supporting the agency for not revising its lead-based paint definition.

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California Further Rebuts DOJ’s Claim Quebec GHG Link Unconstitutional

California is expanding its defense against the Trump administration’s remaining claim that the state’s greenhouse gas cap-and-trade program link to Quebec is unconstitutional, detailing multiple arguments before a federal district court that the connection does not violate the Foreign Affairs Doctrine.

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EPA sends final coal ash ‘Part A’ rule for White House review

The rule will force unlined ash disposal sites to shut down even though EPA has already proposed exceptions to that mandate, and will also create new deadline extensions for facility closures.

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Wyoming, Montana rebut Washington’s claims in CWA 401 fight

The two states are faulting Washington state’s claims that Supreme Court review of a Clean Water Act dispute is unnecessary, telling the high court the coastal state’s assertions are wrong and unpersuasive.

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