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Litigation

Backing 10th Circuit, EPA Eyes Major Limit On Issuing Future RFS Waivers

EPA is announcing that it now supports a federal appeals court ruling that largely bars the agency from granting small refiners’ requests for renewable fuel standard (RFS) compliance waivers, signaling that the Biden administration is likely to place a major limit on the exemptions compared to the Trump EPA that issued dozens of RFS waivers.

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Plaintiffs’ Lawyer Says Biden Faces Hurdles Opposing Cert In Climate Suit

An attorney for the 21 youth plaintiffs suing the government for failing to protect them from climate change harms says the Biden administration faces a tricky position it if intends to oppose their planned Supreme Court request seeking to preserve their suit, arguing it would be inconsistent with some of the president’s highest priorities.

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D.C. Circuit Halts RFS Waivers Suit, Shifting Focus To 10th Circuit Case

The U.S. Court of Appeals for the District of Columbia Circuit has granted a request from EPA and biofuels groups to halt litigation filed by renewable fuel producers over three Trump-era renewable fuel standard (RFS) compliance waivers issued to refineries, shifting focus to a related 10th Circuit legal battle over RFS exemptions.

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California lawmakers press EPA to drop appeal of salt ponds case

The lawmakers want the Biden EPA to drop an appeal of a federal district court ruling that found the Trump administration had incorrectly excluded the ponds from Clean Water Act jurisdiction.

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District court judge denies CEQ request to stay NEPA rule case

U.S. District Court for the Western District of Virginia Judge James Jones says that “adding lengthy additional delay to my decision would not be appropriate, in my judgment.”

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DOJ Seeks Abeyance For Federal Vehicle GHG Suit, Amid Opposition

The Department of Justice (DOJ) is formally asking a federal court to suspend a consolidated suit challenging the Trump administration’s rollback of vehicle greenhouse gas standards, a move that had been expected after the Biden administration in a Jan. 20 executive order formally signaled plans to revise the standards.

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1st Circuit Upholds Superfund Site Settlement, Rejects ‘Arbitrary’ Label

A federal appeals court has rejected an attempt by third parties to invalidate a settlement between the federal government and two companies at a Rhode Island Superfund site, rejecting their claim that the pact was a rubber stamp of an earlier EPA order that a lower court’s landmark ruling partially rejected as “arbitrary and capricious.”

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Refiners, Biofuels Groups Oppose EPA Bid To Pause Suit Over 2020 RFS

Oil sector and biofuels industry groups are opposing EPA’s bid to pause litigation over the 2020 renewable fuel standard (RFS), saying the Supreme Court’s eventual ruling over related questions on small refiners’ waivers from RFS compliance will not moot broader arguments and does not justify abeyance in the litigation as the agency claims.

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Environmentalists oppose Biden CEQ request for NEPA suit delay

The Biden White House Council on Environmental Quality is asking for a 60-day stay of the case to allow the new administration time to review the Trump administration’s policy.

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EPA settles with two Delaware companies on aftermarket devices

The Clean Air Act prohibits the manufacture, sale or installation of such devices intended to bypass, defeat or render inoperative a vehicle engine’s air pollution control equipment.

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