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Litigation

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.

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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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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.

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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.

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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.

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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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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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Refiners file more suits over EPA’s RFS waiver denials

Refiners are challenging EPA’s denial of their applications for RFS small refiner hardship waivers in both regional and national appellate courts.

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Environmentalists sue EPA in bid to force Washington state TMDLs

Northwest Environmental Advocates in a pair of related legal actions are seeking to force EPA to require Washington state to develop total maximum daily loads for hundreds of impaired waters.

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States, biomass group join calls to pause ACE suit

States challenging EPA’s Affordable Clean Energy rule say the agency must first take action on their administrative petitions to reconsider aspects of the rule before litigation can proceed.

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