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Litigation

Court Order Highlights Questions On Need For Groundwater Permits

A federal district court judge is asking a Hawaii county and environmentalists to answer a series of detailed questions about how treated municipal wastewater moves from injection wells to the Pacific Ocean, highlighting the challenges for courts in trying to apply a Supreme Court test for whether a Clean Water Act (CWA) permit is necessary.

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Early EPA steps signal focus on equity enforcement

Enforcement efforts that EPA is pursuing in environmental justice communities signal a likely Biden administration focus on using enforcement to promote equity, environmentalists say.

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Biden DOJ Urges Supreme Court To Reject Interstate CWA 401 Dispute

The Biden Justice Department (DOJ) is urging the Supreme Court to reject a request from Montana and Wyoming to determine whether Washington violated the states’ constitutional rights when it denied a Clean Water Act (CWA) certification for a coal terminal, saying the controversy is now moot due to the coal terminal’s bankruptcy.

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New York settles natural resource claims in illegal dumping case

New York state has settled Superfund natural resource damage and other claims against several construction contractors and waste handlers related to illegal waste dumping at a park.

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Attorneys Say High Court Ruling Offers ‘Clarity’ On CERCLA Contribution

The Supreme Court’s unanimous ruling this week in a Superfund case that sought U.S. accountability for cleanup in Guam provides “much-needed clarity” for responsible parties seeking to settle their liability under the Superfund law on what is needed to trigger cleanup contribution claims, private practice attorneys say.

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EPA Fights Environmentalists’ Legal Bid To Expedite Oil Spill Rule Update

EPA is fighting environmentalists’ push for a federal district court to require that the agency expedite a new oil spill response regulation addressing dispersants, with EPA arguing it is already updating the existing rule and that the plaintiffs’ demands are too far-reaching.

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CBD files revised deadline suit over states’ oil and gas ozone plans

Environmentalists’ suit seeks to force faster action by EPA and states to curb ozone emissions from the oil and gas industry.

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Environmentalists Urge EPA To Reject Montana’s Nutrient Water Standards

Environmentalists in Montana are petitioning EPA to step in and set numeric water quality standards for the state after Gov. Greg Gianforte (R) enacted a new law eliminating Montana’s previous numeric standards in favor of narrative standards, with environmentalists arguing the state law violates the Clean Water Act (CWA).

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EPA signs final action repealing Trump-era science rule

EPA’s final action repealing the Trump-era rule limiting its use of scientific studies will take effect immediately upon publication in the Federal Register.

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Environmentalists Urge Court To Undo Florida’s CWA 404 Permit Program

Environmentalists are urging a federal district court to find that EPA violated the Administrative Procedure Act (APA) when it allowed Florida to assume Clean Water Act (CWA) section 404 permitting authority, arguing the agency erred in setting an immediate effective date for the approval and by failing to codify the state program.

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