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Litigation

Environmentalists sue EPA over Colorado’s ozone plan

The Center for Biological Diversity’s lawsuit will test EPA policy on the ozone-forming properties of farm emissions, and on meeting ambient air standard deadlines in states’ “good neighbor” air plans.

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Environmentalists Seek To Block EPA’s Order Allowing Dicamba Use

Environmentalists are asking a federal appellate court to reject EPA’s plan to let farmers continue using the weed killer dicamba until July 31 despite the court holding the 2018 registration of the chemical unlawful, setting up a test of how strictly the agency must apply rulings that cancel registrations for already available products.

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Judge Weighs Nationwide Injunction As States Spar Over WOTUS Rule

A federal district court judge in California is seeking additional briefing on whether he could issue a nationwide injunction halting the Trump administration’s waters of the United States (WOTUS) rule, even while cautioning he has not decided, even tentatively, that Democratic state attorneys general (AGs) are entitled to an injunction.

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CBD threatens ESA suit over Trump’s NEPA order

The order “cynically exploits the COVID-19 pandemic by instructing all federal agencies and employees to unlawfully approve infrastructure and other projects,” says the Center for Biological Diversity.

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Environmentalists sue EPA over Washington WQS

Raising similar claims as Washington state in separate litigation, environmental and fishing groups say EPA lacks inherent authority to ignore Clean Water Act steps to revise water quality standards.

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FERC Seeks To Save ‘Tolling Order’ Authority With Landowner Final Rule

The Federal Energy Regulatory Commission (FERC) is seeking to save its “tolling order” power to indefinitely delay a 30-day statutory deadline to review administrative petitions for rehearing of its natural gas approvals, issuing a direct final rule banning developers from starting construction until FERC acts on rehearing requests.

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Environmentalists threaten EPA with suit to force flare emissions review

A coalition of environmental groups plans to file suit against EPA in 60 days in a bid to force an update to EPA’s general requirements that would tighten flare standards across 16 industries.

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EPA Narrows CWA 401 Rule But Still Places Major Limits On States’ Power

EPA in its recently signed rule aimed at speeding permitting of energy infrastructure projects modified some provisions from its proposal that were concerning to state regulators, but legal experts say the rule still contains significant limits on states’ ability to require water quality protections for federally permitted or licensed projects.

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LNG NEPA Waiver Plan Wins Industry Support, Environmentalist Criticism

The Department of Energy’s (DOE) plan to categorically exempt its reviews of liquified natural gas (LNG) export projects from the National Environmental Policy Act (NEPA) is being broadly welcomed by industry groups and strongly rejected by environmentalists, according to recently filed written comments.

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5th Circuit stays Texas SIP suit pending resolution to venue fight

The case is one of two in which EPA is fighting environmentalists’ attempts to have the U.S. Court of Appeals for the District of Columbia Circuit hear suits over Texas’ air quality plans.

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