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Litigation

McCarthy Says Courts Could Save Obama EPA MATS From Trump Rollback

Former Obama EPA chief Gina McCarthy says federal courts could be a firewall to stop the Trump administration’s imminent final rule to roll back the agency’s 2011 mercury and air toxics standards (MATS) for power plants, saying the expected legal battle over the rule will also pose a key test for cost-benefit reviews in all future air rules.

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NRDC, EDF detail FOIA appeal seeking EPA vehicle GHG data

The groups contend that the so-called OMEGA model would show far lower costs for vehicle efficiency technologies than the Trump administration is assuming in its rollback.

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EAB Petition Tests EPA’s Power To Include OSHA Mandates In Permit Terms

A hazardous waste facility is urging EPA’s Environmental Appeals Board (EAB) to scrap an agency-crafted Resource Conservation & Recovery Act (RCRA) permit that includes Occupational Safety and Health Administration (OSHA) worker safety requirements, arguing that EPA cannot force permittees to follow OSHA rules in RCRA permits.

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EPA rejects latest claim its auto GHG finding is ‘final’

EPA argues nothing in its move to preempt California’s rules shows the agency’s April 2018 determination to roll back federal rules had a legal “consequence,” a key issue when deciding if courts can review a policy.

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Top EPA enforcement official returns to private practice

Patrick Traylor, an experienced official who had been a top political official in the Trump EPA’s enforcement office since June 2017, is joining the law firm Vinson & Elkins.

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Environmentalists asks D.C. Circuit to put ACE suit on hold

Environmental groups say the court should put litigation over EPA’s Affordable Clean Energy utility greenhouse gas rule on hold until the agency finalizes a related new source review air permitting rule.

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Sierra Club, others ask D.C. Circuit to put ACE suit on hold

Sierra Club and 12 other environmental organizations say the court should put litigation over EPA’s Affordable Clean Energy utility greenhouse gas rule on hold until the agency finalizes a related new source review air permitting rule.

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Judge Orders Hearing On Transmission Line Removal In Key NEPA Case

A federal district court will hold an Oct. 15 hearing to decide whether he will force Virginia utility Dominion to remove transmission lines and two towers that cross the historic James River, as part of a key National Environmental Policy Act (NEPA) case challenging the Trump administration’s accelerated NEPA review policies.

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5th Circuit Judges Weigh Legal Bid To Overhaul EPA NAAQS Designations

Appellate judges at oral argument weighed Texas’ novel lawsuit that aims to upend EPA’s long-established process for designating which areas are attaining or failing to attain national ambient air quality standards (NAAQS), with Texas pushing an unusual Clean Air Act argument that would give states more power to issue the findings.

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EPA Seeks To End TSCA Petition Challenge Over Water Fluoridation

EPA is renewing its bid to end environmental and public health groups’ efforts to obtain a court ruling on the merits of their petition asking EPA to ban drinking water fluoridation because of human health risks, in a case testing a little-used section of the Toxic Substances Control Act (TSCA) shortly after the court denied EPA’s appeal to delay a trial.

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