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Litigation

Earthjustice Petitions EPA To Void Remediation Waiver In Air Toxic Rule

Earthjustice, representing Sierra Club and other environmental groups, is petitioning EPA to eliminate an exemption given to site remediation work conducted under federal waste law from the agency’s site remediation air toxics rule, saying requirements in the Clean Air Act and a 2020 appellate ruling justify scrapping the waiver.

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Oil Sector Asks 1st Circuit To Split With Other Courts In Climate Nuisance Suit

An oil sector attorney at Sept. 11 oral arguments sought to persuade a three-judge panel of the U.S. Court of Appeals for the 1st Circuit to break with three other circuit courts and find that Rhode Island’s climate change nuisance suit against the industry belongs in federal court, not state court where it was originally filed.

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District court judge rejects request for injunction of CEQ’s NEPA rule

Environmentalists had urged a federal district court to grant a preliminary injunction blocking the White House’s overhaul of National Environmental Policy Act rules from taking effect Sept. 14.

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Wheeler downplays Chesapeake Bay cleanup suits as ‘political’

EPA Administrator Andrew Wheeler called the new litigation over enforcement of the Chesapeake Bay cleanup plan “a politically motivated lawsuit” and predicted courts will swiftly reject it.

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EPA Defends ‘Implicit’ Authority To Scrap California Auto GHG Waiver

The Justice Department (DOJ) is rebutting critics’ claims that EPA and the Transportation Department unlawfully preempted state vehicle greenhouse gas programs, arguing EPA has "implicit” authority to revoke California’s preemption waiver, and that there are not sufficient "reliance interests” to block the move.

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Environmentalists urge expedited argument in lead dust rule case

“Good cause exists to expedite oral argument in this matter because in the absence of expedited treatment, irreparable harm my occur,” say environmental and public interest groups.

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CBF, Three States Sue EPA Over Alleged Chesapeake Bay Cleanup Inaction

The Chesapeake Bay Foundation (CBF) and the attorneys general (AGs) of Maryland, Virginia, Delaware and the District of Columbia are suing EPA for the agency’s alleged failure to enforce the terms of the Chesapeake Bay’s landmark cleanup agreement and ensure Pennsylvania and New York meet their cleanup targets.

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White House, critics submit final briefs in NEPA rule injunction case

Environmentalists want to block the Trump administration’s National Environmental Policy Act (NEPA) rule overhaul from taking effect as planned Sept. 14, but the White House says their suit should be dismissed.

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New Hampshire court ends bar on state PFAS standards

A New Hampshire state court has lifted its ban on state enforcement of landmark drinking water and groundwater standards for four per- and polyfluoroalkyl substances (PFAS), following legislative action.

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Oil Sector Files Suit, Petition Urging EPA To Weaken Tanks Air Toxics Rule

Major oil sector groups are suing EPA in a bid to weaken the agency’s national emissions standards for hazardous air pollutants (NESHAP) for liquid storage tanks used at refineries, and they are also petitioning EPA to administratively reconsider the regulation to relax several provisions including a push for easier compliance terms.

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