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Litigation

D.C. Circuit Judge Tatel plans to take senior status

Judge David Tatel of the U.S. Court of Appeals for the District of Columbia Circuit has issued many environmental rulings, including decisions to uphold Obama EPA greenhouse gas rules.

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Biden EPA seeks stay of lead dust hazard rule litigation

The Biden administration is asking a federal appeals court to grant a 60-day stay of litigation brought by environmentalists seeking to strengthen Trump EPA 2019 dust-lead hazard standards.

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9th Circuit Rejects Truckers’ Appeal Of EPA Waiver For CARB Off-Road Rules

A three-judge panel of the U.S. Court of Appeals for the 9th Circuit has rejected a trucking and construction industry challenge to an Obama-era EPA Clean Air Act (CAA) waiver of federal preemption authorizing California to issue stricter emission regulations for “non-road” diesel engines.

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Supreme Court to quickly decide on VW air act petition

If four of the nine Supreme Court justices agree to hear the automaker’s Clean Air Act argument when they meet for a Feb. 19 conference, then the court will grant the petition.

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Court stays perchlorate suit as Biden EPA reviews Trump decision

A federal appeals court, at the request of EPA, has stayed litigation brought by environmentalists challenging the Trump EPA’s decision to forgo setting a drinking water standard for perchlorate.

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CBD threatens suit over missing oil, gas measures for ozone plans

Environmentalists’ suit aims to add pressure on the Biden administration to shift energy production away from fracking while also curbing the oil and gas sector’s ozone-forming emissions.

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EPA Faces Pressure To Enforce Civil Rights Law As Part Of Equity Focus

EPA is facing internal and external pressure to enforce the Civil Rights Act as part of the Biden administration’s vow to elevate and incorporate environmental justice (EJ) in its decisionmaking to help reach its overarching goal of ending racial injustice in federal government actions.

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Novel Mine Cleanup Deal Faces Criticism Over Potential Liability Shield

Environmentalists are disputing a Superfund settlement reached in the last days of the Trump administration between EPA, the U.S. Forest Service (USFS) and a Canadian mining company, contending the voluntary cleanup the company is pledging to do to address abandoned mining waste might effectively void pending Clean Water Act (CWA) citizen suit claims against the company.

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Environmentalists File Suit To Overturn ‘Do Nothing’ EPA Ozone NAAQS

Environmentalists are suing EPA in a bid to overturn its Dec. 31 rule retaining Obama-era national ambient air quality standards (NAAQS) for ozone, joining states’ effort to force the Biden administration to tighten the emissions standards in litigation that is expected to focus on the review process as much as adequacy of the limits.

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Novel Suit Cites Species Review In Effort To Force Stricter EPA PM NAAQS

Environmentalists are pursuing a novel first-time lawsuit that aims to force EPA to account for adverse impacts from air pollution when it reviews its ambient air standards, challenging the Trump administration’s decision to retain the existing suite of particulate matter (PM) limits and saying a species review would justify stricter standards.

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