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Litigation

9th Circuit Bolsters CSB’s Power To Investigate ‘Potential’ Releases

A federal appeals court has overturned a lower court ruling that blocked the Chemical Safety Board (CSB) from enforcing subpoenas related to “potential” releases, with the three-judge panel finding the board’s reach includes the power to subpoena documents to examine the “potential harm” stemming from an industrial accident.

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Democratic AGs tout actions opposing Trump environment rollbacks

In their efforts to challenge Trump rollbacks, state attorneys general are pointing to 28 “decided actions” to date in which they prevailed in all but one.

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Supreme Court declines to hear CWA 401 case

The decision likely bolsters a controversial Trump EPA effort to curtail states’ powers under the Clean Water Act.

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EPA floats CWA replacement rule as repeal measure challenged

The agency has sent for White House review a draft final rule to narrow the scope of the Clean Water Act even as EPA is facing new litigation over its decision to repeal the Obama-era jurisdiction rule.

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Metal Recyclers Sue California To Block First-Time Hazardous Waste Rules

Metal shredding and recycling businesses are suing a California regulatory agency to block implementation of its hazardous waste facility permitting requirements, charging that the new rules mark the first time that scrap metal has been defined as a hazardous waste under state or federal law and would be a death-knell to the valuable industry.

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States, EDF oppose EPA push to stay landfill plan deadline

States and environmentalists challenging EPA’s slow landfill methane rule implementation charge that “the equities tilt sharply in favor of rejecting EPA’s bid to continue its years-long campaign to delay.”

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EPA starts clock for federal ozone transport plans

EPA has issued findings paving the way for possible federal ozone transport plans for seven states.

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Full D.C. Circuit Agrees To Rehear FERC Pipeline ‘Tolling Order’ Decision

In an unusual move, the full U.S. Court of Appeals for the District of Columbia Circuit has agreed to rehear a three-judge panel’s decision upholding federal energy regulators’ use of controversial “tolling orders” that delay the ability of critics to sue over pipelines’ environmental impacts and other issues even as the projects move forward.

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Environmentalists urge judge to reconsider NEPA remedy ruling

The case, concerning a high-profile transmission project near historic Jamestown, VA, has been seen as highlighting the risks of the Trump administration’s approach to environmental reviews of major projects.

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DOJ urges D.C. Circuit to resolve auto GHG preemption venue fight

Trump officials are urging a federal district court to hold off on ruling whether it has jurisdiction to consider litigation challenging the Transportation Department’s rule preempting California’s auto greenhouse gas standards.

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