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Litigation

D.C. Circuit Upholds EPA’s ‘Definition Of Solid Waste’ Rule Exclusion

The U.S. Court of Appeals for the District of Columbia Circuit has upheld an EPA regulatory exclusion that exempts third-party recyclers of hazardous secondary materials from strict waste rule requirements, finding that EPA has authority to make such exclusions and adequately explained why such materials may be subject to eased handling requirements.

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EPA defends denial of Maryland, Delaware ozone petitions

EPA is defending its rejection of East Coast states’ pressure to mitigate interstate air emissions that the states say hinder their ability to attain federal ozone standards.

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EPA To Approve State Landfill Methane Plans Despite Deadline Extension Rule

EPA is proposing to approve -- under a court-ordered deadline -- plans from three states to implement an Obama-era rule to limit the potent greenhouse gas methane from municipal landfills, even as it continues to develop its own rule to dramatically extend the compliance timeline for the standards.

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Environmentalists target CWA permit for Keystone XL

In new litigation, environmental groups claim the Army Corps of Engineers violated environmental laws when it used a Clean Water Act general permit to approve construction of the tar sands pipeline.

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States sue EPA to spur rule for asbestos data collection

California, Massachusetts and other states want EPA to begin requiring data on the importation and use of asbestos, which would inform the agency’s pending TSCA evaluation for the substance.

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HSIA resists environmentalists’ intervention in methylene chloride suit

“The proposed intervenors ask to intervene by right. But they do not -- so far as their motion reveals -- have standing to defend EPA’s regulation of methylene chloride,” the industry group says.

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Experts Spar Over Whether ACE Litigation Will Resolve EPA GHG Authority

Clean Air Act experts are sparring over whether a looming lawsuit over EPA’s final Affordable Clean Energy (ACE) power plant climate rule will ultimately result in a court decision that determines the scope of the agency’s authority to regulate greenhouse gases from stationary sources.

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CEQ NEPA GHG Guide Seen As Effort To Back Narrow FERC Reviews

The White House’s recent draft guidance outlining how agencies should consider greenhouse gases under the National Environmental Policy Act (NEPA) is seen by some observers as backing the Federal Energy Regulatory Commission’s (FERC) efforts to limit climate analysis when approving natural gas pipelines and other energy projects.

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EPA, union battle as agency moves to impose new contract

EPA and AFGE, its largest employee union, are locked in a legal battle after the agency moved to unilaterally impose strict new workplace rules on roughly 9000 staff represented by the union.

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EPA Faces Legal Risk With Rationale To Undo ‘Once In’ Air Toxics Policy

EPA’s legal rationale for its proposal to scrap the long-running “once in, always in” (OIAI) policy, which mandates that “major” air toxics sources always be subject to strict emissions controls, would bar the agency from reviving the policy, but the agency faces a legal battle over the rule and if it loses that fight a future administration could reverse it.

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