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Litigation

Despite EPA Statement, CWA Waiver For Groundwater Remain Uncertain

EPA’s attempt earlier this year to provide a bright-line exclusion from Clean Water Act (CWA) regulation for pollution releases to groundwater has done little to provide clarity to states, which continue to take various approaches to the issue, and legal observers say it is uncertain whether the Supreme Court will resolve the issue with a pending case.

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Despite EPA Statement, CWA Waiver For Groundwater Remains Uncertain

EPA’s attempt earlier this year to provide a bright-line exclusion from Clean Water Act (CWA) regulation for pollution releases to groundwater has done little to provide clarity to states, which continue to take various approaches to the issue, and legal observers say it is uncertain whether the Supreme Court will resolve the issue with a pending case.

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Antitrust Experts Say DOJ Probe Of Auto Deal Appears Aimed At Intimidation

Antitrust experts say the Justice Department’s (DOJ) inquiry into whether four automakers illegally colluded to stifle competition by joining an agreement with California officials to cut their greenhouse gases appears to be a politically driven effort to intimidate industry and aid the Trump administration’s move to roll back federal rules.

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Groups appeal FOIA loss in vehicle GHG model case

Environmentalists are appealing a ruling that shielded from public disclosure EPA’s model used to craft the Trump administration’s rollback of Obama-era vehicle GHG standards.

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D.C. Circuit Leaves Door Open For RFS Small Refiner Waiver ‘Reallocation’

A recent federal appellate ruling appears to have left the door open to the Trump administration’s planned prospective “reallocation” of waived biofuel production under the renewable fuel standard (RFS) to compensate for blending mandates waived for small refiners, though such a policy is universally opposed by the oil sector.

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State critics oppose EPA bid to speed ACE litigation

Democratic state’s challenging the Trump EPA’s rollback of power plant greenhouse gas rules argue that speeding court consideration of their suit would block a “fair” hearing of their claims.

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Navy Seeks To End Landmark PFAS Monitoring Cases On Immunity Grounds

The Navy is urging a federal district court to dismiss claims from Pennsylvania residents seeking the military’s payment for medical monitoring to detect health issues that may develop after exposure to perfluorinated chemicals, after an appellate court, in a precedential decision, last year allowed the claims to proceed.

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Judges Skeptical Of EPA On Auto GHG Finding, Suggesting New Snag

Judges appeared skeptical at Sept. 6 oral argument of Trump administration claims that EPA’s threshold determination that current vehicle greenhouse gas standards are no longer appropriate is not a final action ripe for review, potentially signaling a major roadblock for the administration’s effort to roll back the rules.

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EPA Draws New Industry Challenges To ACE Rule As Court Deadline Looms

Multiple groups representing the coal, biomass and electric utility sectors are filing litigation over EPA’s Affordable Clean Energy (ACE) rule governing power plant greenhouse gases ahead of a Sept. 6 deadline to submit legal challenges, though the groups appear likely to target different aspects of the regulation.

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Touting TVA Pact, Environmentalists Aim To Drop High Court Coal Ash Suit

Environmentalists are asking the Supreme Court to dismiss their appeal of a ruling that rejected their suit seeking stricter closure mandates for a Tennessee Valley Authority (TVA) coal ash disposal site, saying they have reached a pact with TVA and state officials that sets strict cleanup requirements and could be a model for other ash site plaintiffs.

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