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Litigation

Youth Plaintiffs Plan High Court Appeal After 9th Circuit Rejects Climate Case

Twenty-one youth plaintiffs are planning to ask the Supreme Court to allow their constitutional climate change case against the U.S. government to proceed after an appeals court rejected their request to rehear a panel’s decision dismissing the suit for lack of standing and the Biden administration declined an invitation to weigh in on the case.

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Environmentalists threaten to sue EPA over delayed ozone plans

Center for Biological Diversity and Center for Environmental Health are seeking to force EPA to take overdue action on several states’ missing plans for attaining federal ambient air standards.

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Despite EPA Guidance, Groundwater Permitting Decisions Remain Murky

The Trump EPA’s guidance on implementing the Supreme Court’s test for determining when pollutants that travel through groundwater to surface waters require a Clean Water Act (CWA) discharge permit is unlikely to be of much assistance to industry, due to ongoing legal uncertainty and a likely change in approach from the Biden administration.

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Environmentalists press EPA for answers on radioactive byproduct plan

Environmentalists are seeking the release of EPA records related to the agency’s decision to allow the use of a radioactive fertilizer byproduct in federal road construction.

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EPA Asks D.C. Circuit To Halt 2020 RFS Suit Over Challengers’ Objections

EPA is asking a federal appeals court to halt litigation over its renewable fuel standard (RFS) biofuel blending targets for 2020 pending the resolution of a Supreme Court case over EPA’s policy on RFS compliance waivers for small refineries, but renewable fuels groups and refiners challenging the rule say they oppose delaying the suit.

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Environmentalists drop litigation over Trump SEP policy

The Conservation Law Foundation and The Surfrider Foundation are ending the suit over the Trump administration’s bar on the use of supplemental environmental projects (SEPs) following the policy’s reversal.

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‘Plantwide’ Refinery Air Permit Spurs Dueling EPA Appeals Board Cases

A Trump EPA-issued air permit for an oil refiner based in the U.S. Virgin Islands is spurring dueling cases before the agency’s Environmental Appeals Board (EAB), with the company seeking to scrap a novel environmental justice emissions monitoring mandate while environmentalists pursue a challenge claiming the permit is too weak.

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EPA seeks stay of suit over lack of perchlorate water standard

The Biden EPA says it needs time to review the Trump administration’s decision to forgo setting a drinking water standard for the rocket fuel ingredient, and could take action to obviate judicial review.

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Environmentalists threaten suit over EPA chemical NSPS policy delay

Sierra Club and other environmental groups say the agency is years behind schedule on issuing Clean Air Act-mandated guidelines to implement emissions standards for synthetic organic chemical manufacturers.

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D.C. Circuit Suspends Lawsuit Over Preempting State Auto GHG Rules

An appellate court is suspending the consolidated legal challenge to the Trump administration’s preemption of state vehicle greenhouse gas programs, in response to a Biden administration request to pause the case while it considers whether to restore states’ authority under the Clean Air Act.

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