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Litigation

Environmentalists threaten new suit to force Lake Erie TMDL

ELPC says that given Ohio's failure to act, it will sue EPA again to force the agency to craft a cleanup plan for the western portion of the lake.

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EPA Withdraws CWA Permit At Center Of 'Sue-And-Settle' Litigation Fight

EPA is withdrawing a contested Clean Water Act (CWA) power plant permit that environmentalists filed suit over and plans to rewrite the permit ahead of issuing a revised version in March, in a case that included claims that agency contorted its positions on the permit to avoid entering a “sue-and-settle” pact to resolve the litigation.

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Environmentalists Boost Bid To Show Industry Lobbying On Car GHG Plan

Environmentalists are ramping up efforts to obtain information about the Department of Transportation's (DOT) external communications that could highlight its efforts to weaken vehicle fuel economy and greenhouse gas standards and the role of oil industry and other groups in lobbying for those rollbacks.

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EPA granted oil giant Exxon 'small refiner' waiver for 2017 RFS

The oil giant received a small refiner waiver from 2017 renewable fuel standard (RFS) mandates, reports say, while an appellate court is readying argument in a suit over the 2018 RFS.

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Appellate Court Partially Grants EPA Request To Narrow TSCA Risk Suit

A federal appellate court has granted EPA's request to vacate and remand a provision in its Toxic Substances Control Act (TSCA) rule for evaluating risks of existing chemicals that would allow industry submitters to face criminal penalties for providing incorrect information.

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Environmentalists sue EPA over Alaska's PM2.5 NAAQS violations

Sierra Club's suit aims to force EPA to require stricter fine particulate matter (PM2.5) emissions reductions measures in Fairbanks, AK, which is out of attainment with the agency's PM2.5 air standard.

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Sierra Club threatens EPA with ESA suit over final 2019 RFS

Environmentalists claim EPA failed to consult with wildlife agencies on how its final 2019 renewable fuel standard would affect endangered species as required by statute.

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Suit Contests MATS 'Startup' Provisions Amid Uncertainty Over Rule's Fate

Environmentalists have filed their opening brief in a suit contesting provisions in the Obama EPA's utility mercury and air toxics standards (MATS) addressing emissions limits during power plant “startup” periods, amid uncertainty over the fate of MATS in the agency's imminent proposed reconsideration of the 2012 regulation.

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District judge weighs arguments over 2015 CWA jurisdiction rule

A federal district judge in Georgia could soon hand down the first decision on the merits of the Obama administration's Clean Water Act jurisdiction rule.

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Echoing MTBE, Panel Merges Scores Of PFAS Claims On Firefighting Foam

A federal panel on multidistrict litigation (MDL) has consolidated scores of personal injury, groundwater contamination and other suits against companies involved in producing firefighting foam that contained perfluorinated compounds, echoing the path courts took when they consolidated cases over groundwater contamination from the gasoline additive methyl tertiary butyl ether (MTBE).

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