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Litigation

Federal district judge rejects states’ suit over ‘2-for-1’ EO

The decision mirrors a 2019 ruling by the same judge holding that there is no proof the executive order commanding agencies to target two rules for repeal for every one they issue has had concrete effects.

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Industry, States Urge High Court To Hear Challenge To CWA 401 Decision

Industry groups and a coalition of 17 Republican state attorneys general (AGs) are urging the Supreme Court to take up Montana and Wyoming’s challenge to Washington state’s denial of a Clean Water Act (CWA) certification for a planned coal export terminal, arguing Washington’s actions blocking trade are exactly what the Constitution aims to prevent.

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After Rehearing Denial, EPA Urged To Quickly Apply RFS Waiver Ruling

Biofuels groups are welcoming a regional appeals court’s denial of refiners’ call to rehear a key ruling effectively blocking EPA from issuing renewable fuel standard (RFS) waivers to small refiners, and are urging the agency to quickly apply the ruling nationwide to stop the exemptions “destroying demand” for their fuels.

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Judge slows Trump suit over California cap & trade program

A district court judge last month rejected two Justice Department (DOJ) claims that California’s decision to link its program to Quebec is unconstitutional, though DOJ is mulling how to proceed with its case.

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D.C. Circuit Vacates EPA ‘Guide’ Suspending Obama HFC Restrictions

Appellate judges in a split panel ruling have vacated a Trump EPA “guidance” that sought to suspend an Obama-era rule barring replacement of refrigerants with climate-warming hydrofluorocarbons (HFCs), agreeing with environmentalists and states that the agency unlawfully adopted the policy without notice-and-comment procedures.

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EPA requiring Hawaii to evaluate plastic water pollution

The agency has responded to litigation from environmentalists by requiring the state to determine if its waters are failing to meet water quality standards due to plastics pollution.

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Minnesota delays vehicle GHG rule in wake of coronavirus

The state is still planning to complete a rule this year adopting California’s vehicle greenhouse gas standards, offering a formal rebuke to the Trump administration’s effort to preempt such programs.

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D.C. Circuit Dismisses SILs Air Guidance For Challenging Non-Final Action

The U.S. Court of Appeals for the District of Columbia Circuit is dismissing environmentalists’ challenge to EPA’s guidance allowing regulators to exempt certain projects from in-depth air permit review if their anticipated emissions fall below de minimis thresholds, finding that the guidance is not a final agency action subject to judicial review.

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D.C. Circuit Rejects SILs Air Guidance Suit Challenging ‘Non-Final’ Action

The U.S. Court of Appeals for the District of Columbia Circuit is dismissing environmentalists’ challenge to EPA’s guidance allowing regulators to exempt certain projects from in-depth air permit review if their anticipated emissions fall below de minimis thresholds, finding that the guidance is not a final agency action subject to judicial review.

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EPA Fights Refiner Push For High Court To Review RFS Compliance ‘Point’

EPA is fighting refiners’ bid for the Supreme Court to review EPA’s renewable fuel standard (RFS) compliance mechanism, arguing that a 2017 rulemaking, upheld by a federal appeals court, satisfies the agency’s Clean Air Act duty to consider which entities must demonstrate compliance with the RFS’ mandates for biofuel blending.

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