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Litigation

Environmentalists appeal ruling granting novel CERCLA reporting waiver

The Clean Air Council wants the U.S. Court of Appeals for the 3rd Circuit to overturn a lower court ruling that exempted a steel mill from Superfund reporting because it held Clean Air Act permits.

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EPA Urges 9th Circuit To Reverse Ruling Faulting CWA Nutrient Variance

EPA is urging a federal appeals court to overturn a closely watched Clean Water Act (CWA) water quality standards decision, arguing the lower court failed to follow proper regulatory and statutory construction principles and should have given greater deference to EPA’s interpretation for how to implement variances to stringent standards.

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Gas Infrastructure Faces Legal Battles Despite High Court Pipeline Ruling

In a win for the natural gas industry, the Supreme Court is rejecting a key challenge to the Atlantic Coast Pipeline (ACP), though the pipeline and other large gas infrastructure projects are still facing growing legal and permitting hurdles before they can be built and put into operation.

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EPA, biogas producers fight over fate of RFS credit suit

A federal appeals court will soon have to decide whether to hear challenges to EPA’s policy on renewable fuels standard (RFS) credits separate from consolidated litigation over the 2019 and 2020 RFS rules.

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Environmentalists sue EPA over Colorado’s ozone plan

The Center for Biological Diversity’s lawsuit will test EPA policy on the ozone-forming properties of farm emissions, and on meeting ambient air standard deadlines in states’ “good neighbor” air plans.

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Environmentalists Seek To Block EPA’s Order Allowing Dicamba Use

Environmentalists are asking a federal appellate court to reject EPA’s plan to let farmers continue using the weed killer dicamba until July 31 despite the court holding the 2018 registration of the chemical unlawful, setting up a test of how strictly the agency must apply rulings that cancel registrations for already available products.

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Judge Weighs Nationwide Injunction As States Spar Over WOTUS Rule

A federal district court judge in California is seeking additional briefing on whether he could issue a nationwide injunction halting the Trump administration’s waters of the United States (WOTUS) rule, even while cautioning he has not decided, even tentatively, that Democratic state attorneys general (AGs) are entitled to an injunction.

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CBD threatens ESA suit over Trump’s NEPA order

The order “cynically exploits the COVID-19 pandemic by instructing all federal agencies and employees to unlawfully approve infrastructure and other projects,” says the Center for Biological Diversity.

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Environmentalists sue EPA over Washington WQS

Raising similar claims as Washington state in separate litigation, environmental and fishing groups say EPA lacks inherent authority to ignore Clean Water Act steps to revise water quality standards.

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FERC Seeks To Save ‘Tolling Order’ Authority With Landowner Final Rule

The Federal Energy Regulatory Commission (FERC) is seeking to save its “tolling order” power to indefinitely delay a 30-day statutory deadline to review administrative petitions for rehearing of its natural gas approvals, issuing a direct final rule banning developers from starting construction until FERC acts on rehearing requests.

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