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Litigation

EPA approves new dicamba products following adverse court ruling

EPA has issued new registrations for three herbicides incorporating the chemical dicamba, months after a federal appellate court scrapped previous approvals as not protective of the environment.

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Sierra Club suit targets ‘missing’ air toxics limits in lime kilns air rule

The environmental group’s suit is one of several legal challenges seeking to force EPA to establish emissions limits for air toxics currently unregulated by sector-specific rules for hazardous air pollutants.

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9th Circuit Judges Signal Need For EPA To Update Lead Paint Definition

A panel of three appellate judges at Oct. 27 oral appeared ready to force EPA to write a long-awaited update on its lead-based paint definition used in setting hazard levels for the substances, but also signaled disagreements on whether the agency can consider additional factors such as economic impacts when issuing lead hazard policies.

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EPA, free-market groups spar over standing in ACE suit

One appellate judge had questioned whether free-market groups have standing to challenge EPA’s rule, though the group’s say a recent court ruling in a separate case bolsters their position.

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District Court Judge Grants EPA’s Request To Stay Perchlorate Litigation

A federal district court judge is granting EPA’s request to stay litigation over whether the agency can terminate a consent decree that required it to set a drinking water standard for the rocket fuel ingredient perchlorate until an appeals court rules on whether EPA had the authority to decide no national standard is necessary.

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D.C. Circuit Rejects Stay Bid For EPA’s Oil & Gas Methane Rollback Rule

An appellate court is rejecting a request by Democratic-led states and environmentalists to stay EPA’s rule scrapping methane controls for new oil and gas facilities, though the court is also setting a quick pace for the litigation as petitioners had requested.

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Environmentalists press 9th Circuit to dismiss nutrients case as moot

“This case is a textbook example of a moot case, where this Court can no longer give effective relief because” EPA and Montana “voluntarily resolved the matter,” Upper Missouri Waterkeeper says.

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House Democrats attack EPA’s revisions to power plant ELG

Top Democrats on the House transportation panel say EPA’s loosening of power plant wastewater standards ignores a 2019 court ruling and are demanding details on its implementation.

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Steel Company Urges 3rd Circuit To Uphold CERCLA Reporting Waiver

A steel mill is urging a federal appeals court to uphold a potentially precedent-setting Superfund ruling that exempted three of its facilities in the Pittsburgh area from Superfund reporting requirements because the company holds a Clean Air Act (CAA) permit even if the mill’s emissions have violated those permits.

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BLM’s ANWR oil plan among first projects moved under NEPA overhaul

The Bureau of Land Management is advancing a seismic oil exploration plan in the Arctic National Wildlife Refuge, one of the first projects that is moving under streamlined National Environmental Policy Act rules.

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