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Litigation

7th Circuit Weighs Dueling Interpretations Of Maui Groundwater Precedent

A three-judge panel of the U.S. Court of Appeals for the 7th Circuit is weighing competing arguments on how a landmark Supreme Court Clean Water Act (CWA) ruling on groundwater pollution applies to environmentalists’ suit seeking more stringent regulation of Illinois coal ash ponds, illustrating the challenge courts face interpreting the precedent.

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D.C. Circuit Dismisses Lawsuit Challenging Superfund NPL Site Listing

A federal appeals court has dismissed a lawsuit brought by industry seeking to derail EPA’s listing of a New Jersey industrial site to Superfund’s National Priorities List (NPL), with the responsible party failing to convince the court that the agency violated the Administrative Procedure Act (APA) when it scored the site for listing.

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EPA to formally find states’ delay over oil & gas air plans

The agency is determining that five states failed to submit plans for implementing Obama-era control techniques guidelines for curbing emissions of ozone precursors from oil and gas facilities.

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Environmentalists float early arguments in plywood air rule suit

The incoming Biden administration may opt to tighten EPA’s air toxics rule for the plywood manufacturing sector, or stop defending it in court.

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Cruden backs embedding DOJ attorneys at EPA for climate rules

A group of environmental policy experts is urging the Justice Department to detail attorneys to EPA for major climate rules, a step Obama DOJ environment chief John Cruden says he took for the Clean Power Plan.

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Experts Urge Biden To Shift EPA Enforcement To Climate-Focused Agenda

Environmental policy experts are urging the incoming Biden administration to restructure EPA’s enforcement office to step up actions on conventional pollution violations as a way to help address climate change, while also rescinding Trump-era policies at the Justice Department (DOJ) that limit settlement tools.

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EPA, Missouri Defend Agency Approval Of Controversial Nutrient Criteria

EPA and Missouri are defending the Trump EPA’s approval of the state’s unusual and controversial nutrient water quality standards for lakes, urging a federal district court to reject environmentalists’ challenge to the approval and uphold the agency’s decision.

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Chemical maker’s suit over EPA air toxics rule attacks EtO assessment

A chemical manufacturing company is faulting EPA’s landmark risk assessment of the solvent ethylene oxide (EtO) in litigation over the agency’s air toxics limits for the organic chemical sector.

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New Jersey PFAS lawsuits add to growing NRD claims against companies

The litigation adds to the state’s growing lawsuits against businesses to require cleanups and recover natural resource damages, particularly over per- and polyfluoroalkyl substance contamination.

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4th Circuit’s CWA Permit Stay Raises Questions About Pipeline’s Future

The U.S. Court of Appeals for the 4th Circuit has halted the use of a Clean Water Act (CWA) general permit for the Mountain Valley Pipeline (MVP) in West Virginia and Virginia pending a challenge to permit, raising questions about whether the pipeline can meet its goal of going into service in 2021.

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