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Litigation

Shell Asks Court To Reject Rhode Island’s Support For Novel Climate Case

Shell Oil is urging a federal district court to reject arguments from Rhode Island that novel climate change litigation brought by the Conservation Law Foundation (CLF) should be allowed to proceed, arguing the state has yet to finalize regulatory requirements the court could interpret to rule on the merits of the case.

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EPA sends CSAPR remand response rule for OMB review

The agency moving forward with its response to a U.S. Court of Appeals for the District of Columbia Circuit remand of its flagship policy for curbing interstate ozone pollution.

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Expanding Legal Fight, Environmentalists Seek Stay Of EPA Methane Rule

A coalition of 10 environmental groups including Sierra Club and the Natural Resources Defense Council (NRDC) is asking a federal appeals court to immediately stay EPA’s final policy “review” scrapping direct methane emissions on new oil and gas facilities, expanding the legal fight over the rollback of the Obama-era policy.

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Municipal Groups, Montana Push Back On Environmentalists’ Nutrient Suit

Municipal and industry groups, along with Montana officials, are pushing back on environmentalists’ challenge to EPA’s approval of a controversial state water quality nutrient criteria provision, telling a federal district court the approval was consistent with the agency’s authority under the Clean Water Act (CWA).

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District Court Rejects CEI FOIA Suit Over State Department Paris Memo

A federal district court is rejecting the free-market Competitive Enterprise Institute’s (CEI) lawsuit seeking to force disclosure of the Obama State Department’s legal memo supporting the previous administration’s decision to join the Paris climate deal as an “executive agreement” rather than a treaty that requires Senate ratification.

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BLM to appeal methane rule vacatur to 9th Circuit

“BLM now believes . . . that the 2016 rule suffers from flaws that render the rule inconsistent” with the Administrative Procedure Act and Mineral Leasing Act,” the agency says in a new legal filing.

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PRPs ask 9th Circuit to reconsider CERCLA limitations ruling

The court rejected the potentially responsible parties’ view that “any settlement starts the clock so long as it relates in some way to the general category of costs at issue in the contribution action.”

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D.C. Circuit Judges Appear Skeptical Of EPA Authority Over Trailer GHGs

A three-judge panel of the U.S. Court of Appeals for the District of Columbia Circuit appeared skeptical at Sept. 15 oral argument of EPA’s authority to limit greenhouse gases from long-haul trailers but did not seem to question if the Transportation Department could regulate the equipment’s fuel economy.

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District Court Approves Harley Air Decree Without ‘Supplemental’ Project

A federal district court has after a long delay approved a modified consent decree between the Justice Department (DOJ) and motorcycle maker Harley-Davidson, ending an EPA Clean Air Act enforcement action against the company and siding with DOJ’s decision to drop a “supplemental” environmental improvement project (SEP) from the decree.

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DOJ opposes petitioner briefing plan in auto GHG suit

The Trump administration is seeking a longer briefing schedule for litigation challenging EPA and the Transportation Department’s rollback of federal auto greenhouse gas standards.

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