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Litigation

New Hampshire Appeals Temporary Block On Landmark PFAS Standards

New Hampshire is asking the state’s highest court to strike down a lower court’s preliminary injunction of its landmark drinking water and groundwater standards for four per- and polyfluoroalkyl substances (PFAS), questioning, among other things, the lower court’s failure to cite regulatory harms to industry plaintiffs.

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Duke pledges to excavate waste coal ash despite EPA’s rule revisions

The power company cut a deal with environmentalists to remove all stored ash from its North Carolina disposal sites even as EPA is loosening requirements in the federal ash disposal rule.

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Judge Again Rejects EPA's Motion To End Landmark TSCA Citizen Suit

A federal judge has again denied EPA’s effort to end a potentially precedent-setting suit challenging the agency’s denial of a Toxic Substances Control Act (TSCA) citizen petition seeking to ban drinking water fluoridation, though the judge also rejected plaintiffs’ competing summary judgment motion that sought a quick ruling in their favor.

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EPA Draws Criticism For Hiring Industry Consultant In TSCA Petition Suit

EPA has hired scientists from the consulting firm Exponent to bolster its defense in a precedent-setting case over its rejection of a citizen’s petition seeking to use the Toxic Substances Control Act (TSCA) to ban the practice of fluoridating drinking water, a move that is drawing strong criticism from one of the plaintiffs’ expert witnesses, who says it shows an industry bias.

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9th Circuit Rejects Environmentalists’ Suit To Limit Or Overturn CRA

The U.S. Court of Appeals for the 9th Circuit has rejected the Center for Biological Diversity’s (CBD) long-running challenge aiming to limit or overturn the Congressional Review Act (CWA), finding Congress has broad discretion to scrap EPA and other agencies’ rules with a streamlined voting process that limits judicial review.

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Refiner Sues EPA For Rejecting Waiver Of 2018 RFS Biofuel Blending Goal

Canadian refiner Suncor is suing EPA for rejecting its application seeking a small refiner waiver that would exempt two of its Colorado-based plants from having to meet the 2018 renewable fuel standard’s (RFS) biofuel blending goal, contesting the agency’s finding that these adjacent facilities are in fact one unit ineligible for an exemption.

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Petitioners Seek To Stay D.C. Circuit Suit Over EPA Vehicle GHG Waiver

States and environmental groups challenging EPA and the Transportation Department’s (DOT) rule preempting California’s auto greenhouse gas rules are urging an appellate court to pause their case against EPA’s portion of the rule, saying it should wait until a federal district court rules on a separate suit over DOT’s part of the rule.

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New TMDL Suit Cites Ruling Backing ‘Constructive Submission’ Doctrine

Environmentalists in the Pacific Northwest are citing a just-issued appellate ruling that backed a controversial judicial doctrine requiring EPA development of waterbody cleanup plans in a new push for total maximum daily loads (TMDLs) in Washington state that they say are overdue.

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Backing Monsanto, EPA Seeks To Preempt Damages Suits Over Glyphosate

EPA is backing Monsanto Co.’s appeal of a federal jury verdict finding Roundup, the company’s glyphosate-based herbicide, caused cancer and is defective because it was sold without a cancer warning label as required by state law, arguing that suits over inadequate label warnings are pre-empted by the agency’s federal labeling requirements.

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Courts Dismiss Two Suits Over Repealed Obama-Era CWA Jurisdiction Rule

Two federal appeals courts have dismissed separate challenges to district court rulings brought by state, industry and environmental groups over the Obama administration’s Clean Water Act (CWA) jurisdiction rule, after the Trump administration’s repeal of the rule became effective Dec. 23, although other suits targeting the repeal rule by other parties remain active.

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