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Litigation

Army Corps reiterates no plan to halt Dakota Access Pipeline

In an update to a federal district court, the Army Corps of Engineers reiterates that it has no plans to halt operations of the pipeline while it conducts a National Environmental Policy Act analysis of the project.

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OECA Orders More Inspections, Greater EPA Enforcement In Equity Areas

EPA’s acting director of the Office of Enforcement & Compliance Assurance (OECA) is directing staff throughout the agency to advance the protection of environmental justice (EJ) communities by boosting inspections and enforcement facilities in equity areas while increasing engagement with residents living in such locations.

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Giles Says ‘NextGen’ Compliance Method For EPA Rules Will Boost Results

Former Obama EPA enforcement chief Cynthia Giles is urging environmental regulators to design policies that are structured to achieve compliance by default rather than having to ensure compliance through enforcement, saying a “Next Generation” (NextGen) approach to rules will bolster their expected results.

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Judge again rejects industry intervention in Florida 404 case

U.S. District Court for the District of Columbia Judge Randolph Moss finds that even with a revised motion, the Florida business groups have failed to prove they have legal standing.

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EPA Move To Scrap RFS Waivers Signals Stricter Policy On Exemptions

EPA’s recent request for a federal appeals court to scrap and remand last-minute renewable fuel standard (RFS) compliance waivers the Trump administration issued to refiner Sinclair signals the Biden administration is pursuing a stricter policy on RFS exemptions regardless of the outcome of a pending Supreme Court waiver lawsuit.

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Environmentalists sue over Trump-era NWP 12 update

In new litigation, environmental groups argue a Trump-era Clean Water Act dredge-and-fill permit for oil and gas pipelines fails to comply with a previous court order.

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EPA Enforcement Official Touts Focus On Mobile Sources To Cut Emissions

A top official in EPA’s Office of Enforcement & Compliance Assurance (OECA) air division is touting the pollution reduction benefits of the agency’s growing focus on stopping violations and ensuring compliance with its mobile source air rules, saying existing cases are helping to secure significant cuts in vehicle emissions.

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Dakota Access Pipeline plans Supreme Court appeal of NEPA ruling

The pipeline is asking a federal appeals court to stay its mandate requiring the Army Corps of Engineers to complete a new environmental analysis for the pipeline so it can appeal the issue to the high court.

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EPA settles environmentalists’ suits over state SO2, ozone air plans

The agency’s proposed settlements would resolve Clean Air Act lawsuits brought by environmentalists aimed at clearing the backlog of state air compliance plans that the agency has yet to approve.

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GOP States Urge Justices To Quickly Curb EPA’s ‘Unbridled’ GHG Power

Republican officials from 19 states are urging the Supreme Court to overturn an appellate ruling they say gives EPA “unbridled” power to limit greenhouse gases from power plants and other sectors under the Clean Air Act, arguing the court should accept the case now because the Biden administration is poised to use such power “aggressively.”

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