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Litigation

Appeals Court Judges Doubt EPA Rationale For Power Plant ‘Startup’ Rule

Appellate judges appear to doubt EPA’s rationale for exempting coal- and oil-fired power plants from tough numeric air toxics limits for up to four hours during startup procedures, pressing agency lawyers hard during Oct. 21 oral arguments on why emissions cannot be accurately measured during this period, the basis for its exemption.

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EPA Issuance Of CWA Jurisdiction Policy Repeal Will Add To Legal Battles

EPA is poised to publish its final repeal of the Obama-era Clean Water Act (CWA) jurisdiction policy in the Oct. 22 Federal Register, a move that environmentalists and several states are already vowing to challenge in court and that will add to legal battles including suits over the 2015 policy, CWA groundwater regulations, and more.

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2nd Circuit Weighs Calls To Alter Or Remand EPA Methylene Chloride Ban

Environmental, labor and industry groups are making competing calls for the U.S. Court of Appeals for the 2nd Circuit to either remand or alter to EPA a rule barring consumer uses of paint-stripping products containing methylene chloride, as they push the court to back their claims of deficiencies in the agency’s rulemaking.

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D.C. Circuit Poised To Hear Suit Over EPA’s MATS Startup Air Provisions

Appellate judges at Oct. 21 oral argument will hear a lawsuit filed by Sierra Club and other environmental groups over provisions in EPA’s mercury and air toxics standards (MATS) for power plants that allow utilities alternatives to meeting hard emissions limits during facility startups, which critics claim are unlawful and increase air pollution.

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Roberts Seeks Response To Bid For High Court Climate Nuisance Suit Stay

Chief Justice John Roberts is asking Baltimore officials to respond to an oil industry request for the Supreme Court to pause a lower court’s order allowing the city’s climate nuisance case to proceed in state court while the companies appeal that decision in federal appellate court.

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Biofuels sector cites contradictory EPA position to boost RFS waiver suit

The Advanced Biofuels Association is citing EPA’s seemingly contradictory position on whether renewable fuel standard waiver suits should be heard in a national or regional appeals court.

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Clock starts for lawsuits over EPA denial of New York ozone petition

New York and others will have until Dec. 18 to sue EPA over its denial of the state’s Clean Air Act petition for direct federal regulation of hundreds of upwind air pollution sources.

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Hazardous waste industry challenges EPA’s e-Manifest fees

In a new suit, the industry argues EPA failed to follow proper advisory and public procedures and used erroneous assumptions to calculate new user fees for hazardous waste manifests.

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Landowners Fight ARCO’s High Court Bid For Expansive Read Of CERCLA

Residential property owners in Montana are asking the Supreme Court to dismiss a suit seeking to overturn a Montana high court ruling that found the Superfund law’s bar on judicial review of ongoing cleanup remedies does not extend to state damages claims, arguing the high court lacks jurisdiction and should reject attempts to rewrite and expand the law.

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D.C. Circuit Weighing Pipeline Rehearing Request Over ‘Tolling’ Orders

An appeals court is weighing landowners’ request to rehear a decision upholding federal approval of a major natural gas pipeline that relied on “tolling orders” under the Natural Gas Act to circumvent the landowners’ concerns, with a positive ruling potentially easing the path for opponents to block pipelines over climate impacts and other concerns.

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