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Litigation

D.C. Circuit Remands 2018 RFS To EPA For Endangered Species Review

An appellate court has remanded EPA’s 2018 renewable fuel standard (RFS) to the agency and is directing it to conduct a proper evaluation of whether the rule should trigger an extensive Endangered Species Act (ESA) review, a victory for environmentalists that may set a precedent for how EPA conducts species reviews in future RFS rules.

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EPA issues small business guide on methylene chloride ban

EPA’s guidance is intended to aid small businesses as they work to comply with the agency’s landmark ban on consumer uses of paint strippers containing the chemical.

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Climate plaintiffs tout precedent in state opioid ruling

A landmark court ruling in Oklahoma holding a drugmaker responsible for the opioid epidemic was brought under the same “public nuisance” legal theory as a range of climate cases against oil majors.

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Dispute Over EPA Auto GHG ‘Finding’ Poses Risks In Future Litigation

As appellate judges prepare to hear oral argument in a legal challenge to EPA’s finding that Obama-era vehicle standards must be weakened, the dispute looms as a possible legal tripwire for the Trump administration during expected lawsuits to its pending rollback rule, should states and environmental groups prevail in the instant case.

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NRECA defends bid to join key EPA landfill case

The electric co-op group says it meets the requirements for substituting for a disbanded utility group or intervening in the case, which could test EPA’s authority to strengthen prior air rules.

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Auto groups rebut ‘finality’ claims in vehicle GHG finding suit

Two auto industry trade associations are challenging claims that a recent appellate decision shows EPA’s 2018 “determination” to roll back its vehicle greenhouse gas rules is ripe for court review.

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D.C. Circuit Rejects RFS ‘Obligation’ Suit But Allows For Future Challenge

A federal appeals court has again rejected refiners’ challenges to the “point of obligation” for compliance in EPA’s renewable fuel standard (RFS) that currently rests with the industry, but in a complex ruling leaves the door open to future suits over the compliance issue that has long pitted smaller “merchant” refiners against their larger rivals.

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Strict One-Year CWA Section 401 Deadline Faces Legal, Administrative Tests

Recent federal decisions seeking to set a strict one-year deadline for states to determine whether federally permitted projects comply with water quality standards are facing legal and administrative tests as the Trump administration is proposing to set narrow boundaries for the deadline and environmentalists are attempting to preserve a more flexible approach.

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5th Circuit Dismisses CWA Drilling Permit Suit Over Lack Of Standing

The U.S. Court of Appeals for the 5th Circuit has dismissed environmentalists’ challenge to a Clean Water Act (CWA) general permit for offshore oil and gas activities in the western Gulf of Mexico for lack of standing, an outcome that seemed all but certain given the questions judges raised at oral argument in April.

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Seeking Auto GHG Deal, Chamber Warns Of ‘Chaos’ From Split Market

Intensifying industry concerns, the U.S. Chamber of Commerce is making a late-hour push for top officials in the Trump administration and California to reach an agreement on vehicle greenhouse gases and fuel economy rules, warning of “chaos and confusion” if automakers are forced to comply with two sets of requirements.

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