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Litigation

D.C. Circuit Poised To Test EPA Discretion In Ozone NAAQS Designations

The U.S. Court of Appeals for the District of Columbia Circuit is poised to hear oral argument Nov. 6 in litigation challenging EPA’s designations of whether several areas across the United States are attaining or violating the 2015 ozone air standards, posing a fresh legal test of the agency’s discretion in issuing the findings.

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High Court Groundwater Decision May Hinge On CWA Textual Arguments

The Supreme Court is scheduled to hear oral argument Nov. 6 in a case testing whether the Clean Water Act (CWA) applies to pollutants that travel through groundwater to surface water, with the outcome potentially hinging on which of two competing textual arguments the high court endorses.

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New York Appears To Be Struggling In Landmark Exxon Climate Trial

The New York Attorney General’s (AG) office appears to be struggling in a high-profile trial to persuade a state court judge that oil and gas giant ExxonMobil violated state law by defrauding investors about the risks posed by climate change.

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Municipal, industry groups appeal Montana nutrient rulings

The national and state groups argue the rulings are contrary to the Clean Water Act, failed to give proper deference to EPA and improperly dictated the outcome of a revised water quality rule.

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Unusual Alliance Urges Justices To Preserve States’ Claims Under Superfund

Democratic state attorneys general and free-market legal groups, two interests that rarely agree, are urging the Supreme Court to allow Montana landowners to pursue state common law damages claims over a Superfund site, warning that EPA and industry arguments seeking to preempt such claims would disrupt the federal-state balance.

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DOJ Cites EPA Rulemaking To Urge High Court Rejection Of 401 Petition

The Justice Department (DOJ) is urging the Supreme Court to reject environmentalists’ petition to reverse an appellate decision limiting states’ ability to review Clean Water Act (CWA) section 401 water quality certification requests, pointing to EPA’s ongoing rulemaking on the issue and the lack of judicial disagreement.

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Environmentalists sue EPA over delayed NSPS, NESHAP rules

Our Children’s Earth is asking a federal district court to set legally binding deadlines for Clean Air Act rules curbing emissions from several sectors that are overdue under the air law.

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Colorado ZEV opponents cite EPA waiver revocation in suit

A group backed by the oil industry argues that Colorado’s zero-emission vehicle (ZEV) is “invalid” because EPA recently preempted California and other states’ authority to enforce such rules.

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Critics Wage Unlikely 11th-Hour Efforts To Block EPA’s MATS Rollback

Environmental and public health groups are waging 11th-hour efforts to block EPA’s final rule rolling back the Obama-era utility mercury and air toxics standards (MATS), including urging the White House Office of Management & Budget (OMB) to kill the rule and pressing Congress to block the rollback in upcoming spending legislation.

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Judge Skeptical Of EPA Effort To Lift Looming Landfill Methane Deadline

A federal district judge appears skeptical of EPA’s request to lift a looming deadline for issuance of a direct federal plan for most of the country to implement Obama-era rules to cut methane emissions from landfills, with the agency arguing the deadline is moot because it has finalized a separate rule extending its deadline to issue the federal plan.

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