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Litigation

D.C. Circuit Restarts Trailer GHG Case, Rejects Bid For Quick Argument

The U.S. Court of Appeals for the District of Columbia Circuit is restarting truck manufacturers’ suit over EPA and Transportation Department rules limiting greenhouse gases from tractor trailers, though the court is rejecting the trailer makers’ call to quickly hold oral argument within the first few months of 2020.

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Judge Denies EPA Request To Pause Deadline For Landfill Methane Plan

Judge Haywood Gilliam of the U.S. District Court for the Northern District of California is denying EPA’s request to pause his latest deadline for the agency to finalize a federal plan for states to limit methane emissions from landfills, spurring the agency to ask an appellate court for the same relief.

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EPA Faces New Push To Tighten Interstate Ozone Rules As Court Speeds Suit

The U.S. Court of Appeals for the District of Columbia Circuit has granted New York’s request to fast track its suit seeking to force direct federal regulation of hundreds of upwind pollution sources in multiple states, piling further pressure on EPA to revamp its interstate ozone policy following two major defeats on the issue in the same court.

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Backing Trump, Judge Rejects Challenge Over ‘2-For-1’ Executive Order

A federal district judge has rejected a long-pending suit over President Donald Trump’s 2017 executive order (EO) commanding agencies to balance out each new regulation they issue by identifying two existing rules for repeal, holding that the plaintiffs never identified a specific rule that was delayed or dropped because of the EO.

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Rejecting EPA, 9th Circuit Backs Rarely Used Legal Doctrine Requiring TMDL

Rejecting Trump administration arguments, a federal appeals court has affirmed a lower court’s ruling requiring EPA within 30 days to develop a Clean Water Act (CWA) plan to reduce the temperature of the Columbia and Snake rivers, clarifying that a controversial judicial doctrine requiring EPA action can apply to a single total maximum daily load (TMDL).

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Democratic-led States, cities challenge CWA jurisdiction rule repeal

Attorneys general in 14 states, New York City and Washington, D.C., are asking a federal district court to undo the Trump administration’s rollback of the Obama-era jurisdiction standard.

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As RMP Rule Promulgated, Groups Sue Over EPA’s Facility Safety Rollback

A coalition of environmentalists has filed suit against EPA’s rollback of an Obama-era regulation tightening facility safety mandates on the same day the measure was promulgated, arguing the Trump administration has removed nearly all disaster-prevention measures and weakened many of the other protections that were in the 2017 rule.

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Seeking Speedy Ruling, DOJ Asks Court To Fast-Track Auto Waiver Suit

The Trump administration is urging an appellate court to put litigation over its rule preempting California and other states’ auto greenhouse gas rules on a fast track, calling for a schedule that includes oral argument before next summer and a potential ruling by the end of the year.

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EPA Readies Proposal To Establish Nationwide Coal Ash Permit Program

EPA is poised to unveil its proposal for a nationwide permit system to govern coal ash disposal under the Resource Conservation & Recovery Act (RCRA), a long-awaited move that will rewrite enforcement of the standards for operating or closing down ash sites from a model driven by citizen suits to one with an active role for regulators.

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Environmentalists Sue EPA Over Failure To Update Meat & Poultry ELG

A coalition of environmental groups is suing EPA over its decision to continue studying wastewater discharges from slaughterhouses rather than update decades-old technology-based effluent limitation guidelines (ELGs), even though the agency has identified the sector as one of the highest dischargers of nutrients.

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