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Litigation

Environmentalists resist proposed remedy in NEPA test case

The litigation over a controversial transmission line over the historic James River in Virginia is considered a test of the Trump administration’s approach to conducting environmental reviews.

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House Democrats Query EPA On Draft EAB Policy, Enforcement Effects

Key House Democrats are raising concerns about EPA’s draft plan to limit the role of the Environmental Appeals Board (EAB) in permit reviews as a way to speed permitting, demanding information on the issue, including whether EAB’s work reviewing enforcement matters will continue despite the planned policy changes.

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In Split, Judges Float Competing Tests For Suits On Deregulatory Guides

Federal judges, in a split decision on an EPA policy memo, are outlining competing tests for how to assess whether an agency deregulatory guidance is a “final action” subject to judicial review, with the majority acknowledging that the decision is likely to spark a debate in this “somewhat gnarled field of jurisprudence.”

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D.C. Circuit Gives Few Clues On Fate Of Future ‘Once In’ Air Policy Suit

A divided U.S. Court of Appeals for the District of Columbia Circuit ruling that rejected on procedural grounds a suit over an EPA memo undoing a strict air toxics policy gives few clues about how the court might rule on the merits of a future expected lawsuit over a pending agency regulation that would codify the memo.

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Environmentalists ask court to rehear waste rule challenge

The groups want the panel to reconsider its unanimous ruling rejecting their challenge to an EPA rule that exempts third-party recyclers of hazardous secondary materials from strict waste rule requirements.

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Amid Court Losses, OMB Begins Review Of EPA Plan To Ease Utility ELG

The White House regulatory office has begun reviewing EPA’s draft proposal to ease aspects of the Obama EPA’s Clean Water Act (CWA) power plant effluent rule, though the plan’s rationale may be undercut by a series of court losses the agency has suffered over the effluent rule and a related waste rule governing coal ash.

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EPA Backs West Virginia CWA 401 Changes, Clearing Path For Key Pipelines

EPA is endorsing changes West Virginia made to its Clean Water Act (CWA) water quality certification for an Army Corps of Engineers general permit allowing construction of two high-profile natural gas pipelines through the state, clearing the way for the Corps to reissue the permit after a federal appeals court vacated it last year.

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Court denies rehearing in Tennessee pipeline case

While the appellate court declined to hear the case, its decision will still provide a road map for future cases seeking to challenge FERC’s greenhouse gas reviews.

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Environmentalists expand suit seeking EPA action on SIPs

The groups are seeking to add Ventura County to an existing suit seeking EPA action on long-overdue ozone plans in California and Arizona.

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Industry Fears Broad Adverse Effect If EPA’s Vapor NPL Listing Upheld

Major industry groups are urging an appeals court to vacate an EPA Superfund site listing based solely on the presence of toxic vapor intrusion, charging the precedent-setting listing could drive not only costlier cleanups and more listings but also strengthen other decisions, such as risk assessments and land use evaluations when setting cleanup remedies.

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