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Litigation

Environmentalists sue to compel EPA asbestos reporting rule

Public health groups are urging a federal court to compel EPA to strengthen asbestos reporting rule, saying inadequate data will hinder the agency’s future review of the substance.

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Supreme Court declines to hear suit testing ‘deference’ for CWA permits

The Supreme Court rejected a Massachusetts city’s petition seeking to narrow or scrap the deference EPA receives when using its scientific judgment to set nutrient discharge limits.

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After Months Of Inaction, DOJ Renews Bid To Enter Landmark Harley Pact

After months of inaction, the Justice Department (DOJ) is renewing its calls for a federal judge to enter a revised consent decree it negotiated on EPA’s behalf with Harley-Davidson, which if approved would effectively implement a controversial Trump administration policy aimed at limiting payments to third parties as part of legal pacts.

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FOIA Suit Targets Claim Of EPA Region 5 ‘Squelching’ CWA Permit Critics

Public Employees for Environmental Responsibility (PEER), representing many federal employees, is pursuing a Freedom of Information Act (FOIA) suit seeking documents on whether EPA Region 5 “squelched” staff criticism of a mine’s Clean Water Act (CWA) permit, fearing other regions might also be suppressing adverse staff comments.

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Trump's border wall ‘emergency’ draws environmental law suits

Democratic states and environmentalists are charging that President Donald Trump's latest move to build a border wall violates a host of environmental laws.

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EPA extends deadline for deciding on SO2 NAAQS revision

Under a revised deadline, EPA will by Feb. 25 issue a final rule on whether to revise its sulfur dioxide (SO2) national ambient air quality standard (NAAQS).

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High Court Takes Up Suit Testing CWA Liability For Groundwater Releases

The Supreme Court has granted review in one of the two pending cases where municipal, state, industry and other interests are hoping to reverse a pair of circuit court decisions imposing Clean Water Act (CWA) liability for pollution that flows through groundwater into surface waters, ahead of EPA's planned policy action on the subject.

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Oil, Biofuels Groups Slated To Raise Competing Arguments Over 2018 RFS

Oil and biofuels industry groups are slated to raise competing arguments over alleged flaws in EPA’s 2018 renewable fuel standard (RFS) at Feb. 20 oral arguments over the rule, and the agency’s issuance of several waivers to small refiners from having to meet the RFS’ fuel production mandates has emerged as a key issue.

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Local California Officials Bolster Vehicle GHG Case With Air Quality Claims

Local air regulators in Southern California are claiming that the Trump EPA's cursory analysis of the conventional emission co-benefits of Obama-era vehicle greenhouse gas standards is “illogical on its own terms,” amplifying legal arguments by states and environmentalists that the agency's decision to weaken the standards was unlawful.

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Plaintiffs Weigh Appeal After Court Rejects EPA Science Advisor Policy Suit

Environmentalists and other plaintiffs are considering asking the U.S. Court of Appeals for the District of Columbia Circuit to review the Trump EPA's policy barring any recipient of an EPA grant from serving on one of its many scientific advisory committees after a federal district court dismissed their suit.

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