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Litigation

Colorado Halts ‘Illegal’ Forest Clearing For Coal Mine Amid Federal Inaction

Colorado officials have halted what environmentalists say is illegal forest clearing by a coal company for a controversial mine expansion project, with the company pressing ahead even though a federal appeals court overturned its approval for the work due to a flawed environmental review.

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Court sets schedule in suit over EPA existing source methane rule

The development in the lawsuit comes even though Trump officials in the coming weeks appear poised to complete a regulation that would undercut the legal basis for such oil and gas rules.

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Judge Denies States’ Bid To Block Trump CWA Rule From Taking Effect

A federal district judge has denied Democratic states’ bid for a nationwide injunction blocking enforcement of the Trump administration’s rule narrowing the scope the Clean Water Act (CWA), holding that the states have not shown that the rule is clearly unlawful and casting doubt on their chances of winning a decision on the merits.

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6th Circuit Grapples With Mootness Queries In Suit Over 2015 WOTUS Rule

Appellate judges appeared doubtful at recent oral argument that granting a request from Ohio and Tennessee for a preliminary injunction against the now-defunct Obama-era waters of the United States (WOTUS) rule could provide relief but grappled with what their instructions to a lower court might say if the case is now moot because EPA scrapped the rule.

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Sens. Thune, Shaheen float bill to accelerate RFS fuel approvals

The two pro-biofuels senators are pressing EPA to speed its approvals of advanced biofuels to qualify for credit under the renewable fuel standard.

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Environmentalists Launch Legal Bid To Undo Rollback Of Obama-Era MATS

Environmentalists are launching a legal bid to undo the Trump administration’s rollback of Obama-era mercury and air toxics standards (MATS) for power plants, saying EPA’s rule that scraps the cost-benefit finding justifying MATS but leaves the regulation in place is a “bogus excuse” for coal companies to ask a court to kill the overall air toxics policy.

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D.C. Circuit sets oral argument in NPL listing challenge

EPA is fighting a chemical company’s legal challenge to overturn the agency’s decision to list a site in New Jersey on the Superfund National Priorities List.

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Judge Claims Power To Issue National WOTUS Stay But Notes Deference

A federal judge in California pushed back on Justice Department (DOJ) suggestions at a June 18 hearing that case law bars him from staying the Trump administration’s waters of the United States (WOTUS) rule on a nationwide basis, although he also said some of the merits arguments from the rule’s critics were hard to understand.

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Supreme Court DACA Decision Could Set Strict Test For EPA Rollbacks

The Supreme Court’s decision preserving the Deferred Action for Childhood Arrivals (DACA) immigration program could make it harder for EPA to defend repeals of its past policies including the Trump administration’s regulatory rollbacks and potential future reversals of rules enacted since 2017, observers say.

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Republican States Back DOJ’s Call For High Court Stay Of NWP 12 Vacatur

A group of Republican-led states is supporting the Justice Department’s (DOJ) request for the Supreme Court to stay a landmark ruling that vacated the federal permit for constructing new oil and gas pipelines, arguing the permit threatens the nation’s power supply because vital energy infrastructure projects will cost more and take more time to build.

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