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Litigation

EPA, New York resist reviving suit on recreational water standards

Federal and state regulators are urging a federal judge to reject environmentalists' attempt to revive litigation over the state's recreational water quality standards.

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EPA To Defend RFS Waivers While Mulling Requests For More Exemptions

EPA is preparing for May 7 oral argument to defend several waivers it issued to small refiners relieving them of fuel production mandates under the renewable fuel standard (RFS), and is separately fighting biofuels producers’ push for a court injunction barring the agency from making a final decision on dozens of still-pending waiver requests.

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D.C. Circuit Divided On Merits Of EPA Guidance Scrapping 2015 HFC Rule

Appellate judges at May 3 oral argument were divided over whether to uphold a Trump EPA guidance that suspends an Obama-era rule prohibiting replacement of refrigerants with climate-warming hydrofluorocarbons (HFCs), making it unclear whether the court will back environmentalists’ suit that aims to undo the guidance.

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District judge refuses to reconsider denial of CWA rule injunction

A federal district judge in Ohio held that there will be no “irreparable” harm from leaving the Obama-era jurisdiction rule in place during litigation over its legality.

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Sierra Club aims to limit counties' role in CWA jurisdiction rule suit

The environmental group says several New Mexico counties likely have standing to intervene as landowners but cannot raise the same claims the state did before it withdrew from the litigation.

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Officials Face Risk As They Weigh Appeal On Ruling Reinstating Drilling Ban

Top Trump administration officials are debating whether to appeal a precedential federal court ruling reinstating an Obama-era ban on offshore drilling in much of the Arctic and parts of the Atlantic, a decision that could carry major legal and political risks for the administration’s deregulatory agenda and its efforts to encourage fossil fuel development.

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Citing Procedural Issues, DOJ Urges High Court To Decline CERCLA Case

The Justice Department (DOJ) is urging the Supreme Court to reject an industry petition that seeks to overturn a landmark state court decision finding the Superfund law's bar on pre-enforcement review of EPA cleanup decisions does not extend to state damages claims, with the government saying the case is not ripe for high court review.

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5th Circuit Judges Appear Split On Suit Over Delay Of Utility Effluent Rule

Appellate judges at May 1 oral argument appeared split on environmentalists’ suit over EPA’s delay until 2020 of two provisions in the Obama-era power plant effluent rule, with one judge strongly backing the government and a second judge appearing to favor critics of the delay -- leaving the third judge hearing the case as a swing vote.

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EAB orders new environmental justice review of contested UIC permit

The decision requires EPA to justify its permit limits for a Michigan oil and gas well in light of the surrounding area’s low-income population, potentially setting a higher bar for equity considerations.

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D.C. Circuit Wrestles With Venue For Suit On EPA Air Permit Policy Change

Appellate judges at May 1 oral argument wrestled with which circuit court has jurisdiction to hear environmentalists’ suit claiming a major Trump administration shift in Clean Air Act permitting policy barring the agency from “second guessing” states’ permit decisions is unlawful, but the judges did not indicate how they might rule.

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