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Litigation

EPA to revisit Obama-era Pebble Mine ‘veto’ proposal

EPA General Counsel Matthew Leopold is directing EPA Region 10 to make an “up-or-down decision” on whether to use Clean Water Act authority to block construction of the contentious Pebble Mine in Alaska.

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High Court’s Census Decision Could Bolster Suits Over Trump EPA Rollbacks

The Supreme Court’s decision faulting the Commerce Department for adding a citizenship question to the 2020 census based on a “contrived” post hoc pretext could bolster suits targeting some of the Trump EPA’s rule rollbacks, such as a likely case over vehicle emission standards, where challengers say EPA has ignored or misrepresented the record.

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EPA Seeks Strict NSR Penalties For Utility Despite Bid To Reform Program

EPA is seeking strict penalties against utility Ameren Missouri in a long-running Clean Air Act new source review (NSR) permit program violation case, despite the Trump administration’s efforts to reform and relax NSR permitting requirements and its decision to drop enforcement for NSR violations from its list of compliance priorities.

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High Court Preserves But Limits Auer Deference In Fractured Opinion

The Supreme Court by a 5-4 vote has preserved the long-standing doctrine that mandates judicial deference to EPA and other agencies’ “reasonable” readings of ambiguities in their rules, but the majority’s emphasis on the doctrine’s limits prompted conservative justices to warn the test has been so weakened it may as well be “zombified."

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EPA cites Title V ruling to bolster defense of RFS waivers

EPA is citing a recent federal appeals court ruling dismissing environmentalists’ claims over Clean Air Act permits to bolster its defense of renewable fuel standard waivers for small refiners.

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D.C. Circuit Rejects Valero’s Suit Aiming To Force Review Of RFS’ Impacts

The U.S. Court of Appeals for the District of Columbia Circuit has rejected refiner Valero’s suit alleging EPA failed to meet a statutory mandate to conduct periodic reviews of the renewable fuel standard’s (RFS) impacts on the sector, finding a 2017 agency statement that it met review mandates is not a final action subject to judicial review.

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Permit challenger says EPA avoided equity review with ‘blatant lie’

One of the residents challenging an EPA-issued permit for an oil and gas drilling operation says the agency’s justification not to consider environmental justice impacts is at odds with reality.

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Otsego seeks appeal of FERC’s NEPA ruling

The group is asking an appellate court to reconsider its dismissal of their challenge, arguing it has standing because it had to spend significant resources to determine the GHG impacts of the New Market pipeline.

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D.C. Circuit sets argument in Trump EPA vehicle ‘finding’ case

The U.S. Court of Appeals for the District of Columbia Circuit has scheduled Sept. 6 oral arguments in states’ challenge to the Trump EPA’s formal finding that it must weaken its auto greenhouse gas rules.

 

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Supreme court leaves states murky on future of ‘conflict preemption’

A new Supreme Court case shows divisions among the justices on how to approach state authority at the edges of areas where Congress has already legislated – but offers no definitive answer.

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