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Litigation

High Court Case May Fail To Answer CWA Groundwater Liability Question

Legal experts say it is uncertain whether the Supreme Court will issue a definitive ruling on when, if ever, a Clean Water Act (CWA) permit is needed for pollutants that travel from a point source through groundwater to surface water, due to the justices questions about pending related litigation and the possibility they may not be able to find a compromise that will win broad support.

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EPA Plan Limiting EAB Could Complicate Citizen Group Permit Appeals

EPA is proposing rule changes that would limit the role of the Environmental Appeals Board (EAB), its administrative permit review body, likely complicating citizen groups’ efforts to challenge permits, while providing a new way for the agency’s general counsel and administrator to weigh in on legal disputes.

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Judges Wrestle With Deference, Remedy In Ozone NAAQS Designations Suit

A three-judge panel of the U.S. Court of Appeals for the District of Columbia Circuit at Nov. 6 oral argument wrestled with how much deference to give EPA for its findings stemming from its attainment designations for the 2015 ozone air standard and what remedy the court could provide if it invalidated any of the designations.

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9th Circuit Panel Seems Skeptical Of NEPA Climate Suit Over Alaska Drilling

At least two judges on a federal appeals court panel appeared skeptical of environmentalists’ arguments that Interior Department officials violated the National Environmental Policy Act (NEPA) by not adequately assessing climate change impacts of the nation’s first offshore drilling project in federal Arctic waters.

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Justices Appear To Grapple With Compromise On CWA Groundwater Issue

Supreme Court justices at oral argument Nov. 6 over whether the Clean Water Act (CWA) applies to pollutants that travel through groundwater to surface water appeared to be searching for a compromise that would acknowledge discharge permits may be required in some cases but would limit those circumstances.

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D.C. Circuit Eyes Industry Standing In Key Suit Targeting EPA’s NPL Listing

A federal appeals court is signaling that imminent oral argument in a precedent-setting suit challenging EPA’s Superfund National Priorities List (NPL) listing of a vapor intrusion site will focus on the industry petitioner’s standing -- an issue that previously has been given little attention and one that raises doubts about the petitioner’s prospects.

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After Loss, EPA Asks Judge To Pause Looming Deadline For Landfill Rule

EPA is asking a federal district court judge to stay the Nov. 6 deadline he just re-imposed for the agency to issue a federal plan implementing Obama-era rules for landfills to cut the potent greenhouse gas methane, after the judge rejected the agency’s request to amend the order setting that deadline in the first place.

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Judge Stays Looming EPA Deadline To Issue Federal Plan In Landfill Air Rule (Corrected)

A federal district court judge has stayed what had been a looming Nov. 6 deadline for EPA to issue a federal plan implementing Obama-era rules for landfills to cut the potent greenhouse gas methane, even though the judge rejected the agency’s request to amend the May order setting that deadline in the first place.

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EPA floats CERCLA financial assurance plans for fuel, chemical sectors

EPA has previously declined to impose financial responsibility requirements for the hard rock mining and power sectors.

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Despite Court Losses, EPA Seeks To Ease Coal Plant Rules, Irking Critics

EPA critics are casting newly unveiled revisions to water and waste rules for coal-fired power plants as part of a broad agenda to prioritize the coal industry over protecting human health and the environment, arguing that the agency is fast-tracking deregulatory policies for the sectors despite court orders to strengthen other elements of the regulations.

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