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Litigation

Sierra Club’s suit fights Texas air plan allowing ozone ‘backsliding’

Environmentalists say EPA lacks legal authority to allow Texas cities to lift emissions controls for since-revoked federal ozone standards, warning it will lead to unlawful increased levels of air pollution.

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GOP-led states, oil sector ask high court to overturn RFS waiver ruling

Seven Republican-led states and two oil industry groups are urging the Supreme Court to overturn an appellate ruling barring many small refiners from receiving renewable fuel standard compliance waivers.

622 words

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Environmentalists detail legal attacks on EPA chemical sector RTR

A coalition of environmental groups say the agency’s rule unlawfully opted against stricter emissions limits, failed to require fenceline air monitoring, and established illegal exemptions from the regulation.

618 words

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Court Again Blocks BLM Oil & Gas Leases Over Insufficient Climate Review

A federal district court for the second time is rejecting the Bureau of Land Management’s (BLM) climate change analysis for hundreds of oil and gas leases in Wyoming, blocking the leases and ordering BLM to redo its National Environmental Policy Act (NEPA) review, possibly allowing a Biden administration to entirely cancel the leases.

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Washington farm groups raise concerns about EPA stormwater settlement

Agriculture groups in the state say a proposed settlement between EPA and environmentalists on how to protect endangered species from stormwater runoff is part of a trend of unilateral regulation.

472 words

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Anti-Fluoridation Groups Resist EPA Bid To Dismiss Landmark TSCA Suit

Anti-fluoridation groups that are petitioning EPA to regulate the practice under TSCA are urging a federal court to reject agency efforts to dismiss their suit due to their alleged lack of standing, arguing the standing issue is not ripe for adjudication at this time and deciding on the issue now is at odds with courts’ procedural rules.

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Ongoing Transition Delays Might Hamper Biden’s Environmental Agenda

President Donald Trump’s ongoing refusal to begin formal transition activities for President-elect Joe Biden’s incoming administration is beginning to spark concerns of a disorderly transition at EPA and the Justice Department (DOJ) that could thwart Biden’s ability to quickly implement his environmental agenda.

969 words

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Sierra Club urges D.C. Circuit to scrap EPA’s ‘SIP Call’ withdrawal

The environmental group says the rule is unlawful because the Clean Air Act “bars EPA or the states from inventing affirmative defenses against civil penalties in enforcement actions.”

653 words

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Environmentalists seek stay of revised EPA oil and gas NSPS

Almost a dozen environmental groups are urging an appellate court to stay part of EPA’s “reconsideration rule” that weakened or eliminated several air mandates for new oil and gas facilities.

550 words

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Industry seeks to intervene in suit over CEQ NEPA rule

Multiple major industry trade associations are asking to join intervene in a lawsuit to defend the Trump administration’s rule significantly curbing the reach of the National Environmental Policy Act.

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