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Litigation

EPA dismisses civil rights complaint against Alabama

Local residents are planning to challenge new procedures that they charge violate state law.

418 words

219923

CWA Rollback Adopts Narrower New Jurisdiction Test Than Current Rules

EPA's proposed rollback of the Obama-era Clean Water Act (CWA) jurisdiction standard limits the law's reach of tributaries and wetlands to features that contribute flow to navigable waterways in “a typical year,” a new model that appears to create a much narrower jurisdiction test than the existing “significant nexus” standard.

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219917

High Court Takes Case Seeking End Of Deference To EPA, Other Agencies

The Supreme Court has agreed to hear a case that seeks to overturn the 21-year-old precedent that requires judges to defer to EPA and other agencies on the meaning of their regulations -- a precedent at the center of many court rulings backing EPA rules but one that many of the court's conservatives have openly criticized for years.

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219899

D.C. Circuit Judges Doubt Case Seeking More Public Input On Air Monitors

Appellate judges at Dec. 10 oral argument appeared to doubt the merits of a Sierra Club lawsuit that aims to force EPA to increase opportunities for public input on states' air quality monitoring plans, questioning the group's claim that a recent agency emissions monitoring policy revision weakened public input rather than strengthening it.

654 words

219893

NRDC formally joins threat to sue EPA on methylene chloride

In threatening to sue EPA, NRDC is pointing to Amazon and other retailers' refusal to sell paint strippers containing methylene chloride as evidence of the Trump administration's failure to protect the public.

538 words

219896

Conservatives Eye Data Law To Force Retraction Of Trump's Climate Study

Conservatives usually allied with the Trump administration are considering filing a data quality petition to force officials to withdraw or correct their recently released National Climate Assessment (NCA), charging it is flawed, undercuts the president's pledges to reexamine climate science and will drive suits to force regulatory action.

1621 words

219885

Talking Points Hint At 'Combo' EPA-Corps Policy To Narrow CWA's Scope

Trump administration talking points on the imminent Clean Water Act (CWA) jurisdiction rule suggest EPA will pursue what an environmentalist attorney calls a “combo” of two competing Supreme Court tests for determining the law's scope, drawing on both to produce a jurisdiction standard potentially even narrower than expected.

1124 words

219886

Final CSAPR 'Close-Out' Rule Details EPA Defense Of Interstate Air Policy

EPA's final rule to “close-out” the Cross-State Air Pollution Rule (CSAPR) emissions trading program offers a broad defense of the agency's policy on reducing interstate air pollution that could help it defend the close-out rule from legal attacks, and that it might also use in ongoing suits aiming to force stricter EPA rules on the pollution.

1516 words

219853

EDF seeks EPA correspondence with law firms on rollbacks

The suit marks the seventh Freedom of Information Act lawsuit the group has filed against the Trump administration.

332 words

219842

EPA Eyes Dec. 11 For Proposal Narrowing Obama CWA Jurisdiction Policy

EPA and the Army Corps of Engineers are planning to unveil their proposed rule to narrow the Obama-era Clean Water Act (CWA) jurisdiction standard at a Dec. 11 EPA headquarters event, says an informed source, marking a long-awaited step that will set the terms for the next round of litigation over the proper scope of the water law.

857 words

219837

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