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Suit Over EPA Vehicle 'Finding' Exacerbates Uncertainty In GHG Rule Rollback

Ongoing litigation over EPA's determination that it must weaken Obama-era vehicle greenhouse gas rules could complicate the agency's broader plan to roll back the limits, though even an adverse ruling for EPA would not necessarily deal a fatal blow to the agency's rollback, observers say.

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In Rare Fight, EPA Attacks Texas Bid To ‘Rewrite’ NAAQS Finding Process

EPA is opposing Texas’ effort to “rewrite” Clean Air Act mandates on how to define when areas fail to meet national ambient air quality standards (NAAQS), in a lawsuit that marks a rare fight between the state and the Trump administration whose deregulatory agenda has largely reflected Texas’ approach to environmental policy.

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Environmentalists detail issues in ozone implementation suit

Environmentalists are planning to test familiar issues, including provisions allowing “trading” of ozone precursors and flexibility for states to choose “baseline years” from which to measure progress.

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EPA Drops Bid To Revive CWA Rule Delay, Cementing National ‘Patchwork’

EPA has voluntarily withdrawn its appeals of federal district court rulings striking down its delay of the Obama-era Clean Water Act (CWA) jurisdiction rule, cementing for now a nationwide “patchwork” of regulations on the law’s scope that will persist until the White House finalizes a policy to repeal or replace the 2015 jurisdiction rule.

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D.C. Circuit Judges Appear Likely To Remand Obama EPA Policy On HFCs

Appellate court judges at March 8 oral argument signaled they are likely to back calls from some refrigerant chemical manufacturers by remanding to EPA an Obama-era policy on replacing ozone-depleting or climate-warming refrigerants, over the objection of rival refrigerant makers and environmentalists.

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Litigation: EPA pushes back on suit over ‘small refiner’ RFS waivers

EPA’s defense of its retroactive grant of RFS compliance waivers for small refiners may signal future arguments in other litigation targeting small refiner exemptions.

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Legal Pact Ensures 2020 Election Will Decide Fate Of EPA Air Toxics Rules

EPA and environmentalists have agreed to a draft legal settlement imposing deadlines in 2021 and later to review agency air toxics rules, ensuring the 2020 presidential election will decide whether a re-elected Trump administration will continue leaving such rules unchanged or a potential Democratic administration might tighten them.

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D.C. Circuit Poised To Hear Rival Refrigerant Makers’ Fight Over HFC Rule

A federal appeals court is poised to hear oral argument March 8 in a lawsuit where rival manufacturers of climate-warming hydrofluorocarbon (HFC) refrigerants are battling over the merits of EPA’s policy on replacing the substances, with some companies seeking to partially vacate the Obama-era rule while others are defending it.

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Environmentalists threaten suit to force EPA ozone NAAQS findings

EPA faces potential litigation over its delay in deciding whether areas have met the agency’s 2008 ozone standard, and over proposed compliance delays for states’ deadlines for attaining the limits.

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Environmentalists claim EPA pesticide approvals violate ESA

Environmentalists are urging appellate judges to scrap several EPA pesticide approvals, faulting the agency’s failure to apply an Obama-era process for assessing the substances’ risks to listed species.

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