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Litigation

States Fear EPA Mine Cleanup Rule Could Preempt Billions In Assurances

More than a dozen states are opposing environmentalists' lawsuit that seeks to compel EPA to reverse course and set Superfund financial requirements for the hardrock mining sector, with state officials warning that an EPA rule would preempt state mandates and prompt a flood of lawsuits threatening billions of dollars in cleanup assurances that states hold.

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11th Circuit Ruling Bolsters EPA's Defense Against Superfund Tort Claims

A new appellate court ruling that says EPA-led Superfund cleanup actions are “discretionary” and exempt from the Federal Tort Claims Act (FTCA) could bolster the agency's defense against suits that seek restitution for damage caused by cleanups, including ongoing litigation over the 2015 Gold King Mine spill caused by an EPA cleanup.

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Plaintiff Cites ESA Ruling In Late Bid To Preserve Suit On EPA's SAB Policy

Environmentalists are citing the high court's recent unanimous ruling granting judicial review of certain Endangered Species Act (ESA) decisions to preserve their suit challenging the Trump EPA's policy barring its science advisors from receiving agency grants, days before a federal court is slated to hear arguments on whether the suit should be dismissed.

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EPA poised to issue final CSAPR 'close-out' rule

The White House has completed its review of EPA's final rule to wind down the Cross-State Air Pollution Rule, while legal fights over interstate air pollution are ramping up.

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EAB urged to uphold carbon regeneration permit

EPA and a Colorado River tribal government are defending a Resource Conservation & Recovery Act permit for carbon regeneration against a facility’s complex legal challenge.

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Groups Ramp Up Bid To Obtain EPA Vehicle GHG Rule Cost Assumptions

Environmentalists are joining Capitol Hill Democrats in an effort to obtain more information on EPA cost assumptions related to the Trump administration's planned rollback of vehicle fuel economy and greenhouse gas standards, arguing the agency has improperly ignored its own data in favor of more pessimistic estimates from the Transportation Department.

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New FOIA suit queries Wheeler's contacts with energy lobby

The suit undercuts recent policies from Wheeler and other officials seeking to speed disclosures and increase transparency.

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EAB Deals Environmentalists Two Losses In Bid For Stricter NSR Permits

EPA's Environmental Appeals Board (EAB) has dealt environmentalists two losses in cases seeking stricter Clean Air Act new source review (NSR) permits for energy facilities, deferring to state air regulators on an Arizona gas-fired power plant's permit and backing EPA Region 8's permits for a series of natural gas compressors in Utah.

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Facing Court Losses, White House Mulls Limited NEPA Climate Guidance

Following a series of court losses, the White House Council on Environmental Quality (CEQ) is mulling narrow new guidance to federal agencies for how to consistently consider greenhouse gas emissions in National Environmental Policy Act (NEPA) reviews, after it withdrew a detailed guide the Obama CEQ issued on the topic after years of work.

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Judge Grants EPA Bid To Reconsider Controversial Maine Water Standards

A federal judge has granted the Trump EPA's request to reconsider the Obama administration's controversial decision rejecting Maine water quality standards (WQS), clearing the way for the agency to roll back a decision that dischargers feared could result in unlawfully stringent permit limits if the agency used a similar rationale in other states.

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