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Litigation

Earthjustice eyes suit, Congress to block imminent MATS rollback

Environmentalists plan to sue EPA to block its rule and also back a Senate energy bill rider that would stop the rollback.

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EPA Seeks To Reverse Landmark TMDL Ruling, Fearing ‘Wave’ Of Suits

EPA is asking the U.S. Court of Appeals for the 9th Circuit to reverse a three-judge panel’s landmark ruling that expands a controversial “constructive submission” forcing the agency to develop waterbody cleanup plans when states have failed to act, warning the decision will lead to a “massive wave” of citizen suits if left unchecked.

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Defendants Fear ‘Over-Naming’ In Burgeoning Asbestos Exposure Suits

As EPA and Congress weigh efforts to ban asbestos, plaintiffs in asbestos tort suits are casting a wide net to capture companies not directly involved in making the substance, but a product liability defense attorney says states are seeking to limit those efforts including Iowa’s bid to prevent “an epidemic” of “over-naming” defendants.

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Despite Cert Denials, High Court Remains Interested In Narrowing Chevron

Supreme Court Justice Neil Gorsuch, a well-known critic of federal agency deference, is signaling the high court remains interested in narrowing Chevron deference that gives primacy to EPA and other agencies’ interpretations of unclear laws even as the court has declined to hear cases that could have served as a vehicle to roll back the doctrine.

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Judge might reject bid for ongoing EPA air toxics risk reviews

The judge hearing environmentalists’ suit pushing for EPA to review individual sectors’ air toxics emissions risks to public health says the Clean Air Act is ambiguous on the requirement.

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Nine GOP senators urge Wheeler to appeal adverse RFS waivers ruling

EPA Administrator Andrew Wheeler has until March 9 to decide whether to ask a federal appeals court to rehear a ruling scrapping several small refiner waivers under the renewable fuel standard.

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Biogas producers seek to consolidate suits over 2019, 2020 RFS rules

Biogas producers are looking to combine suits challenging the 2019 and 2020 renewable fuel standard (RFS), primarily challenging EPA’s failure to grant RFS credits for electricity made from landfill gas.

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Judge Tosses Chamber’s Suit To End California’s Acrylamide Warnings

A federal judge has dismissed the California Chamber of Commerce’s suit seeking to block the state’s mandate for businesses to provide Proposition 65 cancer warnings for foods and drinks containing the ubiquitous chemical acrylamide, a loss for many companies seeking to avoid compliance with the state’s chemical warning law.

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Youth Plaintiffs Seek En Banc Review Of 9th Circuit Climate Case Dismissal

Lawyers for 21 youth plaintiffs are asking the full U.S. Court of Appeals for the 9th Circuit to review a split panel decision dismissing their climate change case against the federal government for lack of standing, putting the case on a path to the Supreme Court where some warn it could severely limit standing for a range of environmental plaintiffs.

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CEQ fights use of FOIA case to ‘derail’ NEPA rule

The White House Council on Environmental Quality argues that an environmental group is seeking to use a Freedom of Information Act suit to “derail” the council’s controversial National Environmental Policy Act plan.

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