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Litigation

D.C. Circuit Orders EPA To Reconsider Denial Of MATS ‘Startup’ Petition

The U.S. Court of Appeals for the District of Columbia Circuit is directing EPA to reconsider environmentalists’ petition challenging provisions in the Obama-era mercury and air toxics standards (MATS) that exempted utility boilers from tough emissions limits during startup and shutdown, saying EPA unreasonably denied the petition.

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Climate nuisance plaintiffs tout 4th Circuit venue ruling

Plaintiffs in three climate nuisance cases pending in the 1st and 9th Circuits are touting Baltimore’s victory in the 4th Circuit that allowed its suit to proceed in state court.

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EPA begins implementing extended landfill methane rule deadlines

EPA is formally finding that 42 states have failed to submit compliance strategies for Obama-era landfill methane standards, but the agency says it won’t issue a federal plan for another two years.

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Biofuel producers warn Trump against appealing RFS waiver ruling

Biofuel and farm groups are warning President Donald Trump he risks a political backlash from rural voters if EPA contests an appellate ruling placing major limits on its renewable fuel standard waiver policy.

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Court allows intervenors to join Washington suit over EPA WQS decision

A federal court’s decision to allow the intervenors’ participation could boost Washington state’s arguments that Trump EPA actions would harm sensitive subpopulations.

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Rehearing sought in state CWA 404 reconsideration case

The losing party in a case that raised questions about the limited options to reassess state oversight of dredge-and-fill permitting argues issues raised for the first time at oral argument deserve a rehearing.

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D.C. Circuit schedules argument in suit over EPA RFS cellulosic policy

A decision by the court in favor of biofuels producers could open the door to the agency having to allow more cellulosic fuel supply to qualify under its renewable fuel standard.

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District court imposes hefty fine on aftermarket parts vendor

The suit appears to be the first successful private enforcement case against a mobile source manufacturer, and it comes amid increased EPA scrutiny of aftermarket vehicle parts violations.

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Industry Groups Fight New York’s Suit Seeking EPA Interstate Air Controls

Utilities, manufacturers and the U.S. Chamber of Commerce are fighting New York’s legal bid to force direct EPA regulation of hundreds of upwind air pollution sources that hinder downwind states’ attainment of federal air standards, with the opponents saying the effort unlawfully tries to create a regional interstate emissions program.

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Judge rejects mine firm’s due process claim over Gold King NPL listing

One of the mining firms involved in litigation over the 2015 Gold King spill claimed an EPA-issued Superfund cleanup order that reached beyond the immediate spill area violated its due process rights.

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