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Litigation

Judge denies EPA’s bid for quick ruling on Gold King tort claims

The decision rejects as premature EPA’s bid to block tort claims stemming from the 2015 wastewater spill, which it filed just eight days after the start of discovery.

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California, Supporters Doubt Prospects For Trump GHG Cap-And-Trade Suit

California officials and supporters of its greenhouse gas cap-and-trade program are downplaying prospects for the Trump administration’s lawsuit challenging the program’s link to Quebec, arguing the years-old connection to the Canadian province does not violate the president’s sole constitutional right to oversee foreign policy.

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New Mexico ranchers challenge CWA ‘repeal’ rule

The new suit asks a federal court to declare that several provisions of the Clean Water Act, 1986 EPA regulations and related guidance “are statutorily and constitutionally invalid, and to enjoin their enforcement.”

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EPA Prepares To Defend RFS Exemption Policy Amid Spike In Waiver Suits

EPA at upcoming appellate court oral argument is preparing to defend its policy on granting small refineries exemptions from renewable fuel standard (RFS) blending requirements, amid a spike in lawsuits filed by the biofuels and oil industries either challenging fresh waivers or the agency’s denial of requests for the exemptions.

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EPA Asks Judge To Amend Erroneous Montana Nutrients Variance Ruling

EPA is asking a federal district court in Montana to “correct its clear error” by altering or amending a closely watched March ruling that faulted the agency’s approval of a state variance from water quality standards (WQS) for failing to ensure compliance with baseline standards by the end of the 17-year variance term.

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CBD threatens to sue EPA over missed fracking plans

The Center for Biological Diversity says EPA has been slow to determine if states and localities have submitted smog-reducing plans, and that the agency has failed to act on already submitted plans.

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Sierra Club Cites EPA Rule Review To Litigate 2003 Steel Air Toxics Policy

Sierra Club and an Indiana environmental group are suing EPA over its 2003 air toxics rule for iron and steel manufacturing for being weaker than the Clean Air Act requires, saying a 60-day limit on litigating agency rules does not apply because EPA re-opened the years-old rule to challenges with a recent residual risk review of the policy.

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Intensifying Political War, DOJ Targets California’s GHG Link To Quebec

The Trump administration is intensifying its political war with California, suing the state in federal court over the state’s years-old decision to tie its greenhouse gas cap-and-trade program with Quebec’s, which the administration charges tramples on the president’s exclusive power to conduct foreign policy and regulate international commerce.

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Exxon, Allies Push Back As Scrutiny Increases Over Climate Knowledge

Democratic officials are stepping up their scrutiny of ExxonMobil’s alleged efforts to hide knowledge of its climate impacts, including the Oct. 22 start of a long-awaited fraud trial in New York and an Oct. 23 House oversight panel hearing, but the company and its allies are launching a vigorous defense, claiming they are victims of a coordinated smear campaign and seeking to undercut its origins.

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Baltimore asks Roberts to reject climate nuisance suit stay

The city is asking the chief justice to reject an industry request seeking to block its climate nuisance case from proceeding in state court.

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