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Litigation

California aims to boost suit against EPA air toxics policy as ‘final’ action

The state says a recent EPA proposed rule bolsters its claim that an agency guidance document ending a long-running strict air toxics policy is a ‘final’ action subject to judicial review.

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Environmentalists press for greater involvement in CWA rule case

Oregon environmentalists are appealing a federal judge’s denial of their request to intervene in a suit challenging the Obama-era Clean Water Act jurisdiction rule.

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Proposed 2020 RFS Raises Tough Questions For EPA In Expected Lawsuit

EPA’s proposed 2020 renewable fuel standard (RFS) raises tough questions for the agency to address in expected litigation once it issues the final version of the program’s fuel production goals for next year, including the legality of its approach to setting fuel blending volumes that fall short of targets established by statute.

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EPA, Environmentalists Clash On Remedy In Closely Watched Nutrients Suit

In a case being watched across the country, EPA and environmentalists are outlining competing approaches and timelines to remedy a judge’s finding that EPA improperly approved Montana's plan to allow dischargers 17 years to meet a controversial variance to stringent nutrient standards.

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Supreme court sets Nov. 6 argument in CWA groundwater suit

The justices will hear argument on whether the Clean Water Act covers groundwater-borne pollution early in the second month of its next term.

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EPA says environmentalists have limited standing in TSCA suit

“These Rules do not establish the scope of future risk evaluations. … Any such decision would occur in the context of chemical-specific evaluations, which will themselves be judicially reviewable,” EPA’s brief said.

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Health Groups Waste Little Time Suing Over EPA’s Final ACE Climate Rule

Two major public health groups have wasted little time suing over EPA’s final Affordable Clean Energy (ACE) rule, the Trump administration’s limited approach to controlling power plant greenhouse gas emissions, the same day the rule was formally promulgated and the first day of a 60-day period petitioners have to sue.

1378 words

222928

OMB begins review of landfill methane deadline extension rule

EPA’s draft final rule would significantly extend several deadlines of Obama-era landfill methane standards, even as the agency began complying with a court order to speed implementation of the standards.

391 words

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Industry seeks same 9th Circuit panel for climate nuisance suits

The U.S. Court of Appeals for the 9th Circuit is slated to consider appeals in two high-profile climate nuisances cases, and industry defendants want the court to seat the same three-judge panel in both cases.

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Judge rejects environmentalists’ bid to intervene in CWA rule suit

A federal judge in Oregon has denied environmentalists’ motion to intervene in litigation brought by cattle groups seeking to block the 2015 Clean Water Act jurisdiction rule.

470 words

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