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Litigation

D.C. Circuit severs suit over EPA ethanol policy from E15 challenge

The U.S. Court of Appeals for the District of Columbia Circuit is separating litigation over EPA’s ‘Tier 3’ fuel rule from suits over the agency’s approval for year-round sale of 15-percent ethanol fuel (E15).

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Plaintiffs Struggle To Convince Judge In Key PFAS Medical Monitoring Case

PHILADELPHIA -- Pennsylvania residents seeking to require the Navy to pay for medical monitoring to detect health issues that may develop after exposure to per- and polyfluoroalkyl substances (PFAS) struggled to convince a federal judge to allow their landmark case to proceed, with the judge noting legal weaknesses in their arguments.

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EPA’s Plan To Overhaul EAB Faces Likely Suits With Competing Criticisms

EPA’s plan to overhaul how its Environmental Appeals Board (EAB) operates faces likely lawsuits if finalized from several challengers raising competing criticisms, with environmentalists saying the effort will hamstring EAB reviews of agency permit decisions while free-market advocates say it does not go far enough to restrict the board’s powers.

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California urges court to remove WCI from DOJ cap & trade suit

While the Western Climate Initiative administers joint auctions for California and Quebec’s cap-and-trade programs, it does not control whether the two programs are linked, argue attorneys for the state and the group.

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EPA, California Appear To Ease SIP Strife Though Environmentalists Resist

EPA is recognizing California officials’ efforts to reduce a backlog of state implementation plans (SIPs) to achieve national ambient air quality standards (NAAQS), potentially signaling some easing of tensions between the Trump administration and Golden State, even though they remain at odds on various other environmental policies.

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Judge Rejects EPA’s Bid To Alter Ruling On Montana Nutrient Variance

A federal judge in Montana has rejected EPA’s request to amend a closely watched ruling that faulted the agency’s approval of a state variance from water quality standards (WQS) for failing to ensure compliance with baseline standards by the end of the variance’s 17-year term, saying EPA’s interpretation is contrary to the Clean Water Act (CWA).

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Judge Rejects Navy Request To Stay PFAS Medical Monitoring Case

A federal district court judge has rejected the Navy’s attempt to stall a landmark suit where Pennsylvania residents are seeking the military’s payment for medical monitoring to detect health issues that may develop after exposure to per- and polyfluoroakyl substances (PFAS) and has scheduled oral argument on a separate Navy motion to dismiss the case.

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States Urge 9th Circuit Not To Stay Deadline For Final EPA Landfill Plan

States that have been pressing for fast EPA implementation of Obama-era landfill methane rules are urging an appeals court to reject the agency’s request that it stay a looming deadline to complete a federal plan while it challenges a lower court’s order rejecting its request to change the deadline.

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Court consolidates states’, advocates’ TSCA asbestos suits

The decision comes after the judge issued a first-time ruling that environmentalists could challenge EPA’s denial of their petition seeking a revised rule under the Administrative Procedure Act.

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Refiners Ask Supreme Court To Review RFS Compliance ‘Obligation’

Refiners are petitioning the Supreme Court for review of EPA’s policy on the renewable fuel standard’s (RFS) compliance mandate, which they say wrongly falls on fuel refiners and importers and not on other entities such as fuel blenders that mix biofuel into the country’s fuel supply.

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