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Litigation

As Biden Weighs Repeal Of Trump EAB Overhaul, Critics Fault ‘Bad’ Policy

Critics of the Trump administration’s overhaul of EPA’s Environmental Appeals Board (EAB) procedures are urging Biden officials to repeal the changes, highlighting what they see as “bad” provisions, including measures that remove the board’s discretionary power to hear cases.

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Michigan officials defend PFAS standards, criticize 3M lawsuit

Michigan state officials are firing back at chemical manufacturer 3M over its attempt to overturn the state’s rules to regulate per- and polyfluoroalkyl substances (PFAS).

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Dakota Pipeline Critics Urge D.C. Circuit To Issue Mandate In NEPA Ruling

Opponents of the Dakota Access Pipeline (DAPL) are urging a federal appeals court to reject a request from the pipeline company to stay the mandate from the court's ruling ordering a new National Environmental Policy Act (NEPA) assessment of the pipeline, saying DAPL’s potential high court appeal of the decision does not justify the request.

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Judges Question Dairies’ Bid To Overturn EPA SDWA Enforcement Action

A three-judge panel of the U.S. Court of Appeals for the 9th Circuit pressed an attorney for a Washington state dairy why the company should be able to challenge an EPA Safe Drinking Water Act (SDWA) enforcement action years after the fact, including asking whether the suit should fail on jurisdictional grounds.

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Rights Advocates Fault Rare EPA Discrimination Finding’s Process Focus

Civil rights advocates say a rare preliminary finding of discrimination EPA issued to Missouri is welcome but still disappointing, as it focuses on flaws in how the state complies with EPA nondiscrimination requirements rather than the substance of the complaint that a minority St. Louis community is suffering from disproportionate pollution impacts.

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EPA working to revive use of SEPs in civil settlements

The agency’s enforcement office is encouraging enforcers to consider using popular supplemental environmental projects (SEPs) in civil environmental settlements where appropriate.

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3M sues Michigan over PFAS drinking water limits

Chemical manufacturing company 3M is suing Michigan, challenging its standards regulating per- and polyfluoroalkyl substances (PFAS).

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Despite Budget Boost, Scope Of DOJ Equity Enforcement Remains Unclear

Despite President Joe Biden’s proposed $5 million increase in fiscal year 2022 for the Department of Justice’s (DOJ) Environment & Natural Resources Division (ENRD) to bolster environmental justice enforcement (EJ) in line with his top priorities, industry sources and environmentalists say it is unclear how ENRD will use the funds.

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Army Corps Argues New CWA General Permit Moots Keystone XL Appeal

The Army Corps of Engineers is asking a federal appeals court to vacate a lower court’s ruling that found fault with a Clean Water Act (CWA) general permit used to approve the Keystone XL pipeline, arguing that the issuance of a new version of the permit and other issues makes a pending appeal moot.

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Ranchers’ lawsuit over coal plant will test EPA air permit policies

The latest lawsuit from North Dakota ranchers over a coal-fired utility will likely test EPA’s policy on Title V air permit objections, and its policy on “aggregating” air pollution sources for permitting.

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