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Litigation

New York lawsuit adds to legal battles with EPA over interstate ozone

New York’s suit over EPA’s denial of a petition asking it to regulate ozone-forming pollutants from sources in upwind states is the latest in a series filed by states challenging such denials.

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Automakers Back Trump In California Suit Over Vehicle GHG Preemption

A coalition making up the vast majority of automakers including General Motors and Toyota is intervening on behalf of the Trump administration in litigation from California and environmentalists targeting the administration’s preemption of the state’s vehicle greenhouse gas and zero-emission vehicle (ZEV) rules.

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NAM Fears EPA Superfund Designation Will Drive ‘Widespread’ NPL Listings

A major manufacturing group is urging a federal appeals court to reject EPA’s listing of an industrial site in Newark, NJ, to the Superfund National Priorities List (NPL), contending the agency’s singular reliance on alleged human food chain hazards that lack a plausible link to the site could set a precedent prompting widespread NPL listings of manufacturing sites near waterbodies.

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Top Former Official Says EPA Concedes ACE Rule Unreasonable

Joe Goffman, who helped craft the Obama-era Clean Power Plan (CPP), says the Trump EPA’s Affordable Clean Energy (ACE) rule to replace the CPP is silent on whether its narrow interpretation of the agency’s Clean Air Act authority to regulate power sector greenhouse gas emissions is reasonable, which “amounts to a confession that it is not.”

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D.C. Circuit Likely To Reject RFS Waiver Suit But Might Grant Future Cases

The U.S. Court of Appeals for the District of Columbia Circuit appears primed to dismiss on procedural grounds advanced biofuels makers’ suit over EPA’s renewable fuel standard (RFS) small refiner waiver policy, but the court is also indicating that it is likely to rule on the merits of the waiver policy in upcoming litigation.

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Environmentalists raise APA claims in CWA repeal rule suit

A coalition of environmental groups say the Trump administration’s repeal of the 2015 Clean Water Act jurisdiction rule is in “gross violation” of the Administrative Procedure Act.

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Industrial GHG credit traders attack Trump suit against California

The International Emissions Trading Association, which represents major energy, industrial and financial companies, says the lawsuit over California’s cap-and-trade program creates “unnecessary market uncertainty.”

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11th Circuit urged to review ruling sidestepping agency ‘deference’ fights

The suit poses a test for the deference that federal courts give to EPA and other agencies on their interpretations of regulations following a Supreme Court ruling on the issue.

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D.C. Circuit Rejects Auto GHG ‘Finding’ Case But Sets Bar For Rule Suit

A federal appeals court has rejected for lack of jurisdiction a suit filed by states and environmentalists over EPA’s 2018 finding that Obama-era auto climate rules are not “appropriate,” ruling that it is not a final agency action, but the decision sets a potentially high bar for EPA to justify its pending rollback of the rules once that is litigated.

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Critics Ask State Court To Block New Hampshire’s Landmark PFAS MCLs

New Hampshire’s landmark drinking water and groundwater standards for four per- and polyfluoroalkyl substances (PFAS), which took effect Oct. 1, are facing a legal challenge by a major manufacturer of the chemical, as well as a local water and sewer district and a biosolids business, which are seeking to halt the rules’ implementation and enforcement.

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