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Litigation

11th Circuit Backs Broad EPA Discretion On NPDES Withdrawal Decisions

In a case of first impression, the U.S. Court of Appeals for the 11th Circuit has ruled that EPA has broad discretion to decide whether to revoke a state’s delegated Clean Water Act (CWA) discharge permitting authority, even when the state’s permit program has not always complied with the water law’s requirements.

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D.C. Circuit Remands CSAPR To EPA For Ignoring Ozone NAAQS Deadlines

A federal appeals court has remanded EPA’s Cross-State Air Pollution Rule (CSAPR) update to the agency after finding it unlawfully ignored deadlines for states to attain ozone standards in its justification for not tightening the emissions trading program as much as environmentalists sought, dealing a major blow to the Trump administration’s interstate air policy.

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EPA Critics Float New Legal Claims In ACE Reconsideration Petitions

States and environmentalists opposed to EPA’s Affordable Clean Energy (ACE) power plant greenhouse gas rule are formally urging the agency to reconsider multiple aspects of the final regulation, arguing it relied on several legal claims and other provisions that were not subject to public comment.

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Environmentalists Threaten Suit As EPA Readies TSCA New Chemicals Plan

Environmental and labor groups are threatening to sue EPA over how the agency is inadequately releasing information about new chemicals under the Toxic Substances Control Act (TSCA), detailing concerns that they will likely urge the agency to address as it prepares to release a new framework for its new chemicals review process.

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Judges Wrestle With Remedy Question In Michigan CWA 404 Permit Suit

Appellate judges struggled at recent oral argument to determine whether there is a legal remedy for a Wisconsin tribe that says EPA improperly allowed Michigan -- rather than the Army Corps of Engineers -- to issue a Clean Water Act (CWA) dredge-and-fill permit for a zinc-gold, a question that could have implications for other states if they assume such permitting.

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EPA Passes On Citizen Aftermarket Vehicle Suit Despite Enforcement Priority

EPA is pursuing at least three criminal cases alleging unlawful aftermarket tampering of vehicle emissions controls and is investigating others as part of a priority enforcement effort but its decision declining to join a citizens’ group pursuing a civil case against a Utah company that one source describes as an “egregious violator” is confounding.

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Court sets oral argument for suit over EPA mercury inventory

Environmentalists and the state of Vermont say EPA’s rule creating the inventory of mercury uses violates requirements in the revised TSCA.

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Judge Appears Skeptical Of Environmentalists’ APA Claim In TSCA Suit

A federal judge appeared skeptical of environmentalists’ landmark efforts to pursue claims against EPA under both the Toxic Substances Control Act (TSCA) and the Administrative Procedures Act (APA) when the agency denied their TSCA section 21 petition seeking rules requiring additional asbestos reporting.

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East Coast States Fault EPA Rationale For Rejecting Interstate Ozone Push

East Coast states pressing EPA for tougher regulation of interstate ozone are attacking the agency’s rationale for rejecting two states’ petitions seeking strict ozone limits on upwind states’ power plants, warning the agency in recent legal filings that EPA’s existing air rules will not ensure states can attain federal ozone standards.

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Sierra Club suit contests EPA’s Title V air permitting policy

Environmentalists are pursuing a U.S. Court of Appeals for the 10th Circuit case over an EPA air permitting policy after the D.C. Circuit rejected a similar lawsuit.

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