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Litigation

Continuing Push To Limit SEPs, DOJ’s Clark May Seek Citizen Suit Curbs

Weeks after barring EPA and the Justice Department from using supplemental environmental projects (SEPs) in civil settlements, Jeffrey Clark, the Justice Department’s (DOJ) environment chief, says he is now weighing whether he can also prohibit their use in citizen enforcement suits, while also suggesting he may seek to limit the suits themselves.

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EPA’s Unprecedented Blanket Enforcement ‘Discretion’ Surprises Industry

EPA’s sweeping new enforcement “discretion” guidance allowing facilities to indefinitely deter routine civil compliance actions due to the coronavirus pandemic has no precedent in agency history, observers say, and was a surprise for many attorneys representing industrial facilities covered by the blanket guidance.

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House Democrats detail environmental priorities for next COVID-19 bill

A group of 43 House Democrats is calling for any further coronavirus stimulus to include major spending on environmental justice efforts and EPA programs.

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EPA Enforcement ‘Discretion’ During Pandemic Prompts Early Concerns

EPA is pledging to exercise “enforcement discretion” if facilities cannot meet certain legal obligations under agency regulations during the COVID-19 pandemic, but environmentalists and former top Obama EPA officials fear the temporary plan will become an indefinite “nationwide waiver of environmental rules.”

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Citing New EIS Precedent, Court Rejects NEPA Review Of Major Pipeline

A federal district judge is rejecting as insufficient under the National Environmental Policy Act (NEPA) the Army Corps’ streamlined environmental assessment (EA) of the Dakota Access Pipeline, citing a new appellate court precedent requiring a more in-depth environmental impact statement (EIS) for “controversial” projects.

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Industry urges courts to ignore 4th Circuit climate nuisance ruling

The oil sector argues the 4th Circuit’s ruling, which focused on the proper venue for climate nuisance cases, was wrong and should be disregarded.

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DOJ Urges Full 9th Circuit To Deny Rehearing Youth Climate Litigation

The Department of Justice (DOJ) is urging the full U.S. Court of Appeals for the 9th Circuit to deny rehearing a three-judge panel’s split ruling dismissing a novel youth constitutional climate change case, arguing that the panel’s decision was correct and that the case does not satisfy the high standard for en banc review.

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DOJ Urges Full 9th Circuit To Deny Rehearing Of Youth Climate Litigation

The Department of Justice (DOJ) is urging the full U.S. Court of Appeals for the 9th Circuit to deny rehearing of a three-judge panel’s split ruling dismissing a novel youth constitutional climate change case, arguing that the panel’s decision was correct and that the case does not satisfy the high standard for en banc review.

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Environmentalists cite remand to boost EPA science advisor suit

Environmentalists say a 1st Circuit loss for EPA in a suit over its science advisor policy bolsters a parallel suit pending in the D.C. Circuit.

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EPA drops RFS waiver ruling appeal, signaling huge cut in exemptions

The agency’s decision not to appeal a ruling significantly restricting its renewable fuel standard small refiner waiver policy will dramatically limit the number of future waivers EPA can issue.

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