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Litigation

CSAPR Remand Marks First Biden EPA Air Policy Sent For OMB Review

EPA has sent for White House Office of Management & Budget (OMB) pre-publication review its final rule that responds to an appellate court ruling forcing it to strengthen the Cross-State Air Pollution Rule (CSAPR) emissions trading program, a move required by a legal deadline but that also represents the first Biden EPA air rule to seek OMB approval.

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Environmentalists outline arguments in EPA LCR litigation

Environmental and civil rights groups are highlighting both procedural and substantive issues they plan to raise in their challenges to the Trump EPA’s revised lead and copper rule (LCR).

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CBD urges court to sever its PM NAAQS endangered species suit

The Center for Biological Diversity argues that its endangered species lawsuit is distinct from other challenges over the Trump EPA’s decision to retain the existing federal particulate matter air standards.

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EPA Says Methylene Chloride Evaluation Moots Suit Over Paint-Stripper Rule

In a sign of the claims it plans to raise at upcoming oral argument, EPA is asking a court to hold that there is no need to proceed with environmentalists’ suit that aims to force the agency to regulate commercial uses of methylene chloride in paint-strippers, after it determined last year that those uses pose “unreasonable risks” requiring regulation under TSCA.

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CLF suit could test Supreme Court’s CWA groundwater permit ruling

The new citizen suit from the Conservation Law Foundation (CLF) could help further clarify the Supreme Court’s “functional equivalent” test for when Clean Water Act discharge permits are needed for groundwater.

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Conservative Group Says States’ Ozone Suit ‘Trojan Horse’ For GHG Limits

Energy Policy Advocates, a conservative-leaning group focused on transparency in federal energy policy, claims that a lawsuit filed by 15 states and 14 environmental organizations over the Trump EPA’s rule retaining Obama-era ozone air standards is a “Trojan Horse” that ultimately aims for tighter regulation of greenhouse gases.

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OIG Urges EPA To Reconsider Decision Against Warning On EtO Air Risks

EPA’s Office of Inspector General (OIG) is urging the agency’s new political leadership to reconsider the Trump administration’s decision that rejected an OIG recommendation for EPA to communicate the adverse health risks of ethylene oxide (EtO) exposure to communities living near facilities emitting the solvent.

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Environmentalists detail legal attacks on Trump EPA ‘once in’ air rule

The Biden EPA is asking the federal appeals court that is hearing the challenge over the air toxics policy to pause the suit while the agency reviews the regulation for possible reversal.

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States outline legal arguments against Trump EPA cost-benefit air rule

EPA is separately asking the U.S. Court of Appeals for the District of Columbia Circuit to put the case in abeyance while it considers whether to revoke the Trump-era cost-benefit analysis policy.

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D.C. Circuit agrees to partial stay of mandate in utility GHG suit

The court's decision gives the Biden administration more time to weigh how to proceed with regulating greenhouse gas emissions from existing power plants.

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