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Litigation

DOJ Asks 10th Circuit To Stay WOTUS Appeal Despite Industry Opposition

The Justice Department (DOJ) is asking a federal appeals court to stay for 60 days an appeal of a district court ruling that blocked implementation of the Trump-era definition of waters of the United States (WOTUS), arguing that opposition to a stay from a coalition of industry groups and an Idaho couple is without merit.

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Updated EPA Audit Guide Signals Biden Support For Compliance Policy

EPA has released new guidance outlining the process for facility self-audits, drawing praise from industry attorneys who see the move as a sign that the Biden administration will continue to back the compliance policy after its use grew dramatically during the Trump era, even as the agency looks to ramp up enforcement.

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Judge Stays Part Of Montana Nutrients Ruling Pending Related Appeal

A federal district court judge has stayed part of long-running litigation over EPA’s approval of a variance to strict numeric nutrient water quality standards in Montana, agreeing with the state and municipal and industry groups that a pending appeal of a 2019 ruling in the case should be allowed to play out first.

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VW Wins Broad Support For Supreme Court Petition On Air Act Preemption

Former EPA and California air regulators are joining automotive groups in backing Volkswagen’s effort to have the Supreme Court overturn a ruling that the Clean Air Act does not preempt state and local governments from enforcing against post-sale updates to vehicle emissions systems, saying such enforcement is a federal responsibility.

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Sierra Club drops suit aiming to block Texas pipeline

The environmental group has voluntarily dismissed its legal challenge that had sought to halt construction of the Permian Highway Pipeline after the pipeline started operations earlier this year.

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Environmentalists Eye Biden EPA To Revitalize Regional Haze Air Program

Environmentalists are looking to the Biden administration to push for more significant reductions in haze-forming air emissions when states submit their second round of pollution-cutting compliance plans this summer under EPA’s regional haze program, after the Trump administration eased haze controls in some states.

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Environmentalists challenge rule loosening coal ash ‘liner’ mandate

Three environmental groups are suing over the Trump-era rule that allows some ash disposal sites to keep operating even if they lack otherwise mandatory “composite” liners.

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San Francisco appeals CWA permit case after EAB loss

The petition to a federal appeals court follows a December decision from EPA’s Environmental Appeals Board that upheld provisions in a Clean Water Act permit for the city.

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EPA Asks D.C. Circuit To Delay Mandate In Decision Vacating CPP Repeal

EPA is asking a federal appeals court to delay issuing part of its mandate in its Jan. 19 ruling vacating the Trump-era Affordable Clean Energy (ACE) utility climate rule that also scrapped a regulation repealing the Obama EPA’s earlier Clean Power Plan (CPP), saying the agency needs time to consider its power plant climate rules “afresh.”

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9th Circuit backs vacatur of aquaculture permit

A federal appeals court has upheld a lower court’s finding that the Army Corps of Engineers violated environmental laws when it issued the 2017 version of a Clean Water Act general permit for aquaculture.

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