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Litigation

2nd Circuit Judges Create Possibility Of Court Split On CWA 401 Reviews

Appellate judges’ tough questioning of a federal government attorney in a pending Clean Water Act (CWA) section 401 case raises the possibility of a ruling that creates a split among federal appeals courts on whether the CWA contains a bright-line limit on how long states can review applications for water quality certifications.

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Industries Fear Duplicative Regulation If Court Reverses CERCLA Ruling

Industry groups are urging a federal appeals court to uphold a lower court ruling that exempted a steel mill from Superfund reporting mandates because it holds a Clean Air Act (CAA) permit -- even though its emissions have violated the permit -- arguing a reversal would increase companies’ regulatory burdens and risk duplicative regulation.

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Wheeler confirms delay in decisions on RFS waivers for refiners

The agency will not decide the fate of many small refiner’s requests for renewable fuel standard waivers until litigation has “completely run its course,” says Administrator Andrew Wheeler.

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Environmentalists drop suit over public hearings on EPA coal ash rule

Environmental groups withdrew their suit seeking additional public hearings for EPA’s now-final “Part A” coal ash rule but will raise similar claims as part of a broader case they plan to file.

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Ex-CEQ Official Boling Cites ‘Active Debate’ On NEPA Rule Under Biden

Ted Boling -- who recently departed the White House Council on Environmental Quality (CEQ) where he helped develop a dramatic rewrite of National Environmental Policy Act (NEPA) implementing rules -- is expecting an “active debate” about what a potential Biden administration would do with the controversial rulemaking.

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D.C. Circuit consolidates Texas haze suits amid venue fight

Environmentalists and EPA are fighting over whether three similar suits over Texas’ regional haze air program should be consolidated in the U.S. Court of Appeals for the District of Columbia Circuit.

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Environmentalists, Industries Spar Over EPA Plan To Revise Boiler MACT

Environmentalists and major industry groups are sparring over EPA’s plan to revise and tighten its air toxics rule for large industrial, commercial and institutional (ICI) boilers in response to a federal appeals court remand, with Sierra Club and other groups saying the rule is too weak while industry organizations say it is too stringent.

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DOJ’s Brightbill reiterates defense of SEP ban

Jonathan Brightbill, the Department of Justice’s new acting chief of the Environment & Natural Resources Division, is backing an existing ban on supplemental environmental projects in settlements.

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Environmental groups sue EPA over power plant ELG

“We have won court rulings to clean up toxic coal plants before, and we won't let the progress be undone,” said Thomas Cmar, deputy managing attorney for the Coal Program at Earthjustice.

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D.C. Circuit Queries Standing, Merits In Suit Over EPA NSR Reporting Rule

A three-judge panel of the U.S. Court of Appeals for the District of Columbia Circuit at Nov. 2 oral argument asked tough questions of attorneys for EPA and New Jersey in the state’s suit over a new source review (NSR) reporting rule, including queries about the state’s legal standing to sue as well as the merits of the legal challenge.

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