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Litigation

Corps, tribes at odds over next steps for Dakota oil pipeline

Tribes and environmentalists opposed to the Dakota Access Pipeline are asking a district judge to issue an injunction on continued operations while the Corps of Engineers completes an environmental review.

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EPA General Counsel Leopold returning to private practice

General Counsel Matt Leopold will be leaving the agency in the coming weeks to return to private practice, and current Principal Deputy General Counsel David Fotouhi will take over as acting general counsel.

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EPA poised to formally publish oil and gas methane ‘policy’ rule

The regulation, which scraps direct methane limits for sources in the oil and gas sector, is scheduled to be published Sept. 14 in the Federal Register, marking the starting gun for lawsuits on the rule.

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Judges In Superfund Suit Question EPA Disclosure On Wetlands Findings

In a case challenging EPA’s listing of a New Jersey industrial site to Superfund’s National Priorities List (NPL), a three-judge federal appeals court panel during Sept. 9 oral argument questioned whether EPA inadequately disclosed data on nearby wetlands to the point where it prejudiced the agency’s ultimate decision on the listing.

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NHTSA Opposes Push To Stay Trailer Regulation Ahead Of Oral Argument

The National Highway Traffic Safety Administration (NHTSA) is continuing its legal defense of Obama-era rules imposing fuel economy limits on trailers connected to long-haul trucks, urging a federal appeals court to reject industry’s recent request to stay the rule -- slated to take effect in January -- ahead of oral argument in the long-running suit.

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Legal filings detail criticisms of Obama BLM methane rule

Four GOP-led states and industry groups are backing the Trump administration’s call for a district court to vacate the Bureau of Land Management’s 2016 rule limiting methane from oil and gas operations on federal land.

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U.S. Chamber, businesses back power company’s CWA permit claims

Two industry groups are urging a federal appeals court to back an electric power company’s arguments that a landmark Supreme Court Clean Water Act permitting test does not apply to an Illinois site.

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D.C. Circuit Poised To Hear Suit Challenging Precedential Superfund Listing

The U.S. Court of Appeals for the District of Columbia Circuit is set to hear oral argument Sept. 9 in a suit challenging an EPA Superfund National Priorities List (NPL) designation that the manufacturing industry fears could set a precedent triggering a boost in placing industrial facilities near waterbodies on the NPL.

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Appeals Court Limits PRPs’ Shield From CERCLA Contribution Actions

In a precedential ruling, the U.S. Court of Appeals for the 3rd Circuit has found limits to the liability shield a potentially responsible party (PRP) obtains under the Superfund law when settling cleanup recovery actions brought by states, saying other PRPs may still pursue cost-recovery at the same site if those costs relate to separate, federal claims.

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Small Refiners’ High Court RFS Suit May Further Delay EPA Waiver Action

Small refiners are asking the Supreme Court to hear their appeal of a ruling that blocks EPA from issuing renewable fuel standard (RFS) compliance waivers to some companies, a request that may further delay the agency’s decision on whether to grant or deny almost 100 pending requests for waivers from RFS fuel production targets.

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