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Litigation

Biofuels Group Seeks Injunction To Halt Pending EPA RFS Refiner Waivers

A national biofuels advocacy group is asking a federal appeals court to issue an injunction immediately halting EPA’s consideration of dozens of potential renewable fuel standard (RFS) waivers for small refiners, warning that without the injunction the agency might issue waivers before litigation over the waiver process is complete.

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Officials Urged To Prioritize EPA Rule Rollbacks, Not Coal Leasing Appeal

A top deregulatory advocate is urging the Trump administration to prioritize rollbacks of EPA policies rather than spending limited resources on appealing the recent ruling finding Department of the Interior (DOI) officials unlawfully skipped environmental reviews when they lifted an Obama-era moratorium on new coal leases, though environmentalists say they expect an appeal.

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Critics sue EPA over methylene chloride rule, citing worker risks

“If dozens of confirmed deaths are not enough to get the Trump administration to protect workers from methylene chloride paint strippers, nothing short of a court order will,” one environmentalist says.

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Judge allows some claims over GenX contamination to proceed

A federal district court judge is allowing North Carolina municipal entities to proceed with some of their claims against chemical manufacturer Chemours.

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D.C. Circuit Upholds EPA Rejection Of States’ Petition For OTC Expansion

A federal appeals court has upheld EPA’s rejection of a petition from East Coast states seeking an expanded Ozone Transport Commission (OTC) region where stricter ozone controls could be imposed to curb interstate air pollution, citing EPA’s discretion but noting states have other options for trying to force the agency to cut transported emissions.

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Critics Charge EPA Lacks Legal Justification For CSAPR ‘Close-Out’ Rule

Several states and environmental groups seeking stricter EPA policies to curb interstate ozone air pollution are urging a federal appellate court to scrap the agency’s rule to “close-out” its major cross-border air trading program without requiring additional ozone cuts from states, saying EPA lacks legal justification for the rule.

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CWA Rule Critics Launch Suits To Block Obama Rule In Democratic States

Ranchers and local-government groups are launching new lawsuits aiming to preserve or expand the current bar on EPA and the Army Corps of Engineers implementing their 2015 Clean Water Act (CWA) jurisdiction rule in certain states, pushing back against new Democratic governors who have withdrawn from suits over the rule.

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CWA Rule Critics Launch Suits To Block Obama Policy In Democratic States

Ranchers and local-government groups are launching new lawsuits aiming to preserve or expand the current bar on EPA and the Army Corps of Engineers implementing their 2015 Clean Water Act (CWA) jurisdiction rule in certain states, pushing back against new Democratic governors who have withdrawn from suits over the rule.

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Ohio county renews litigation bid for Lake Erie TMDL

Local elected officials from an Ohio County adjacent to Lake Erie are asking a federal court to require EPA to develop a nutrient cleanup plan for the lake.

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District judge allows Flint residents to sue EPA over ‘negligence’

A federal district judge says plaintiffs affected by the city’s lead contamination crisis can proceed with their suit seeking damages from EPA, because its response “cannot be justified” as a matter of policy discretion.

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