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Litigation

Exxon Faces Test In Bid To Delay Novel Climate Suit For New EPA Permit

Oil giant ExxonMobil is facing a key test as it seeks to stay a novel climate change suit to allow EPA to issue a new water permit that the company hopes will address most of the plaintiff's concerns and moot the first-of-its-kind suit, which alleges the company is violating permit terms because it is not doing enough to prevent releases caused by climate impacts.

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Colorado faces lawsuit over ozone reversal

An industry group has been urging the state to blame its ozone nonattainment on foreign emissions and to ask EPA for a waiver from meeting the standard because of those emissions.

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White House Starts ACE Review, Sticking To June Deadline For Final Rule

White House regulatory officials have started interagency review of EPA’s draft final Affordable Clean Energy (ACE) rule addressing greenhouse gases from existing power plants, the last step before the rule can go final, a move that suggests the agency remains on track to complete the rule by the end of June.

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County Eyes Ending CWA Groundwater Suit To Avoid High Court Precedent

The county government of Maui, HI, is weighing a bill that would settle or withdraw a high-profile Supreme Court case over Clean Water Act (CWA) penalties for groundwater-borne pollution, potentially averting a ruling the county fears could “damage” the CWA by setting a nationwide precedent that the law does not apply to such pollution.

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High court declines to hear CWA 401 pipeline case

The justices decision is the second in recent days where environmentalists have failed to advance an appeal in a 401 case.

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EPA Approval Of Texas ‘Affirmative Defense’ Hints At National Policy Shift

EPA is proposing to approve Texas’ plan to offer an “affirmative defense” shielding companies from certain Clean Air Act enforcement actions when air law violations are due to unplanned events, suggesting a possible shift in national policy from the Obama administration’s general prohibition on states being able to offer the waiver.

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Judge Pledges To Set ‘Reasonable’ Deadline For EPA Landfill Methane Rule

A federal judge is promising to set “reasonable” deadlines for EPA to implement a long-delayed Obama-era rule to limit methane, the potent greenhouse gas, from existing landfills to account for federal resource constraints while rejecting Trump administration arguments that seek to set a new bar limiting states’ standing to sue over climate rules.

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Utility ELG Critics Tout Ruling Vacating Provisions To Bolster Suit On Delay

Environmentalists litigating the Trump administration’s partial delay of the Obama-era Clean Water Act (CWA) utility effluent rule say a recent appellate ruling striking down provisions of the rule as unlawfully lax bolsters their suit, arguing the decision undermines key EPA legal claims ahead of oral argument next week over the delay.

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Court Faults EPA's 'Nonsensical' Elimination Of TSCA Rule's CBI Provision

A federal court has rejected Trump EPA efforts to drop a provision from its rule re-setting the Toxic Substances Control Act (TSCA) inventory that had required companies to substantiate a category of confidential business information (CBI) claims, finding its “explanation for excising that criterion was, nonsensically, a denial that it had done so."

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Ohio, Tennessee seek reconsideration of CWA rule stay denial

The GOP-led states argue a federal district judge's denial of their request to block enforcement of the Obama-era jurisdiction rule was based on an outdated EPA statement.

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