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Litigation

EPA reclassifies Denver to ‘serious’ ozone nonattainment

The agency’s decision will require a host of new air pollution controls including for the booming oil and gas industry on Colorado’s front range.

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Environmentalists, States Warn DOJ Might Not Defend Trailer GHG Rule

Environmental groups and states that support Obama EPA greenhouse gas rules for tractor trailers say they may be the only parties to defend the standards in upcoming litigation, warning that the Trump administration might not defend the rules in court even though the administration supports an industry push to restart litigation over the rules.

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EPA’s RMP Rollback Rule Faces Likely Court Test Over Legal Justifications

EPA is facing likely challenges over its rule rolling back Obama-era chemical facility safety requirements, with early signs pointing to the parties battling over the adequacy of the agency’s legal justifications, including its claim that the original rule failed to sufficiently weigh an arson finding at a key industrial incident and its cost-benefit analysis.

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California gets more time to answer Trump’s cap & trade suit

A federal district judge is giving Golden State attorneys until Feb. 10 to respond to the Justice Department’s motion for summary judgment in the cap-and-trade litigation, followed by a Feb. 24 hearing.

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New York fights to speed resolution of ozone dispute

“Without expedition, a decision would not be expected until early- to mid-2021, too late for the relief that Petitioners urgently need to attain ozone standards by their 2021 statutory deadline,” the states say.

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Sackett appeal seeks narrow CWA holding ahead of EPA rule

The landowners that won a landmark 2012 Supreme Court decision on the right to challenge compliance orders is now urging the 9th Circuit to drastically narrow EPA authority under the water law.

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EPA Poised To Defend Trailer GHG Rule As Stalled Suit Likely To Resume

EPA and the National Highway Traffic Safety Administration (NHTSA) appear prepared to defend Obama-era greenhouse gas and fuel economy rules for tractor trailers, according to a new court filing in which the agencies agree with a request by trailer manufacturers to resume its long-pending suit challenging the rule.

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EPA faces second suit over oil & gas smog limits

Two environmental groups are threatening suit over EPA’s alleged failure to reduce smog-forming pollution from oil and gas drilling in Colorado, California and Arizona.

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Biofuel Maker Seeks To Scrap EPA Barrier For Cellulosic Fuel Under RFS

A major ethanol producer in a new legal filing says EPA is arbitrarily blocking approval of its cellulosic ethanol production method under the renewable fuel standard (RFS), with the dispute affecting both the broader biofuel industry and potentially the agency’s forthcoming proposal to slash statutory RFS blending volumes for cellulosic fuels.

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Maryland County Asks High Court To Reverse Strict State MS4 Permit Ruling

A Maryland county is asking the Supreme Court to overturn a novel ruling from the state’s high court that the county says improperly expands the scope of a Clean Water Act (CWA) stormwater permit to make the county responsible for stormwater runoff outside of its control and prevents judicial review of the stormwater system’s regulatory classification.

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