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Litigation

11th Circuit May Test Reach Of Agency ‘Deference’ In Wake Of Kisor Ruling

A pending challenge to a Department of Health and Human Services’ (HHS) liver transplant policy in the U.S. Court of Appeals for the 11th Circuit may be the first appellate case to test the reach of judicial deference courts grant EPA and other agencies to interpret their regulatory authority under the high court’s recent ruling on the issue.

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NRECA Bid To Replace UARG Could Preserve Novel Section 111 Claim

Efforts by the National Rural Electric Cooperative Association (NRECA) to replace the disbanded Utility Air Regulatory Group (UARG) in a suit over EPA’s landfill methane rules could preserve UARG’s novel claims on whether section 111(d) of the Clean Air Act allows EPA to strengthen existing standards.

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Attorneys see no clear guidance from high court on preemption

It is an open question “how closely the courts are going to follow the decision,” much less what lesson they should take from it, observers say.

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Industry groups cite imminent CWA rule change to argue for stay

The groups are backing Oklahoma’s call for a stay, pointing to the numerous other courts that have granted such a stay and the Trump administration’s plans to repeal and replace the rule by the end of the year.

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California Draws First Challenge Over Landmark Green Chemistry Program

The American Chemistry Council (ACC) and a major manufacturer of spray polyurethane foam (SPF) products are suing the California toxics department to overturn its listing of SPF systems containing unreacted methylene diphenyl diisocyanates (MDI) as priority products under the state’s Safer Consumer Products (SCP) green chemistry program.

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Environmentalists Join States Suing Over CPP Repeal In ACE Suit

Ten environmental groups have joined with states in suing EPA over its repeal of the Obama-era Clean Power Plan (CPP), charging that its replacement, the Affordable Clean Energy (ACE) rule, could have the perverse effect of increasing greenhouse gas emissions and conventional air pollution from coal-fired power plants in many states.

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DOJ Downplays Role of NHTSA Penalty Rule In Auto GHG Finding Fight

The Justice Department (DOJ) is urging a federal court to disregard states’ claims that language in a final National Highway Traffic Safety Administration (NHTSA) rule scaling back penalties for fuel economy exceedances proves EPA’s threshold decision to weaken vehicle greenhouse gas standards is final and ripe for suit.

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Environmentalists file new suit over CAFE penalty rollback

The new lawsuit comes just days after a group of states led by California and New York also asked the 2nd Circuit to review of NHTSA’s final rule.

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Court Reiterates Need For EPA To Set Strict ‘Daily’ Limits In TMDLs

Years after a federal appellate court told EPA it must set strict “daily” pollution limits in waterbody cleanup plans, a district court is reiterating that need and vacating two such plans for the Anacostia and Potomac rivers in Washington, D.C., where EPA failed to require such daily maximum discharge limits for E. coli bacteria.

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As States Sue, They Warn ACE Rule Penalizes Existing GHG Programs

California and other states with market-based programs to cut power sector greenhouse gas emissions charge in a new suit that EPA’s Affordable Clean Energy (ACE) rule, which replaces the broader Obama-era Clean Power Plan (CPP), is unlawful under the Clean Air Act and penalizes states that try to work together to cut emissions.

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