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Litigation

EPA sends proposed perchlorate goal to OMB

EPA faces an April 30 court deadline to propose its drinking water goal, which will eventually be used to determine an enforceable standard.

457 words

222044

Court Enters EPA Pact With Aftermarket Parts Firm But Harley Pact Pending

A federal district court has entered a contested consent decree between EPA and an aftermarket parts maker that environmentalists had argued was too weak, even as the Justice Department awaits court approval on a similar, long-pending pact with Harley Davidson that has similarly drawn state and environmentalist opposition.

951 words

222036

Environmentalists Preview Legal Attacks On Narrow CWA Jurisdiction Rule

Environmentalists and Democrats are using their comments on EPA’s proposed narrower Clean Water Act (CWA) jurisdiction rule to preview the legal attacks they will make on any final version in guaranteed litigation, saying the rule has a host of procedural flaws, breaks with Supreme Court precedent, and exceeds the agency’s authority.

1669 words

222029

White House weighing EPA’s lead dust hazard rule

EPA is facing a court-ordered deadline to strengthen its 2001 lead paint dust hazard standard.

552 words

222032

EPA Faces New Battle Over RMP As Industry Targets Meeting Requirement

Complicating Trump EPA plans to rollback Obama-era facility safety rules, industry lawyers are warning that the agency faces constitutional challenges over its plan to retain provisions that require companies to hold a public meeting to disclose data on an incident, saying the mandate helps potential plaintiffs and seeks to regulate by “shaming.”

981 words

222031

7th Circuit Ruling Cements Trend Of Low Threshold For RCRA Citizen Suits

A recent ruling from the U.S. Court of Appeals for the 7th Circuit cements a trend of judges setting a low threshold for citizen suits to proceed that allege imminent and substantial endangerment under federal waste law, allowing cases to advance that merely raise the risk of harm rather than the threat of irreparable harm.

838 words

222028

Despite Uncertainties, Automakers Back EPA Bid To Ease Vehicle GHG Rules

Automaker trade groups are bolstering the Trump EPA's defense of its determination that vehicle greenhouse gas standards should be weakened, despite uncertainties about whether they will publicly support the administration's specific regulations to rollback the rules.

1068 words

222027

Northeast states back suit over interstate ozone petition denials

New Jersey and New York want an appellate court to vacate and remand EPA’s rejection of other states’ petitions asking the agency to regulate sources of ozone air pollution in upwind states.

836 words

222024

EPA Rejects CWA Limits On Groundwater Pollution Ahead Of High Court Case

EPA in a new guidance document says pollution releases to groundwater should never be subject to Clean Water Act (CWA) permit limits even if they contaminate protected surface waters, a move that could help secure deference for industry and wastewater utilities’ position in a pending Supreme Court case set to begin merits briefing on May 8.

465 words

222019

Environmentalists appeal dismissal of EPA science advisor policy suit

Environmentalists are seeking to reverse a ruling that dismissed the first of three suits challenging EPA's controversial 2017 policy barring its science advisors from receiving agency research grants.

494 words

222017

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