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Litigation

D.C. Circuit denies request for separate ‘electricity fuel’ RFS suit

Biogas fuel producers unsuccessfully asked the court to sever their challenge over generation of electricity for transportation under the renewable fuel standard (RFS) from a consolidated RFS suit.

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Environmentalists drop Hawaii microplastics litigation

Three environmental groups have dismissed their litigation against EPA over Hawaii waters impaired by microplastics after the agency in July moved to add two waterbodies to the state’s list of impaired waters.

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Environmentalists join legal challenges to EPA CWA section 401 rule

Sierra Club, Columbia Riverkeeper and three Native American tribes are the latest groups to challenge EPA’s Clean Water Act section 401 rule limiting the scope of states’ review of water quality impacts.

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White House Directs EPA To Weigh New Limits On Enforcement Actions

A new White House memo directs EPA and other agencies to weigh revising their enforcement policies in order to restrict potential enforcement actions against regulated entities and individuals, including possible new limits on consent decrees and higher standards of evidence in administrative proceedings.

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Weeks Before Argument, Trailer Makers Seek To Stay Fuel Economy Rule

Trailer manufacturers in an unusual 11th-hour request are urging an appellate court slated to soon hear oral argument in their challenge of Obama-era greenhouse gas and fuel economy rules to stay the National Highway Traffic Safety Administration’s (NHTSA) portion of the trailer regulation.

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2nd Circuit Vacates NHTSA Rule Reversing Fuel Economy Penalty Hike

A federal appeals court is vacating the Trump administration’s effort to reduce Obama-era penalties for violating fuel economy standards, handing states and environmentalists another victory on the issue even as lawsuits over EPA and Transportation Department rollbacks of federal and state vehicle rules remain pending.

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Volkswagen eyes Supreme Court review of air law preemption claim

The automaker is poised to appeal an appellate court decision that the Clean Air Act does not preempt state and local governments from seeking penalties from the company for its emissions cheating scandal.

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Federal district court judge denies injunction for Permian Pipeline

A federal judge in Texas says Sierra Club’s alleged harms from construction of the pipeline are either not redressable by the court or are too speculative to address now.

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Legislature’s Action May End Court Hold On New Hampshire PFAS Standards

New Hampshire’s environment department is asking a state court to lift a ban on enforcing the state’s landmark drinking water and groundwater standards for four per- and polyfluoroalkyl substances (PFAS) following the state legislature’s passage of identical standards in July and their enactment into law.

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DOJ seeks to delay response in auto GHG suit records fight

The administration is seeking more time to respond to calls to include in the litigation record interagency documents incorporating EPA staff criticisms of its draft final vehicle greenhouse gas standards rollback.

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