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Litigation

EPA, Sierra Club Defend Right To Seek Injunctive Relief For NSR Violations

EPA and the Sierra Club are defending the agency’s right to ask courts for injunctive relief that forces facilities to impose air pollution controls for years-old violations of Clean Air Act new source review (NSR) permit mandates, as they fight a utility sector push to rehear a ruling that broadly upheld EPA’s power to seek such relief.

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Environmentalists file new suit seeking Lake Erie TMDL

The new suit targets EPA's approval of Ohio's 2018 list of impaired waters, but it echoes environmentalists' failed effort to force action based on the agency's approval of the 2016 list.

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New York threatens to sue EPA over interstate ozone air petition

The state is threatening EPA with a lawsuit to force a response to its Clean Air Act petition asking the agency to regulate air pollution sources in nine upwind states.

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Environmentalists Eye Procedural, Not Substantive, Suits To Kill CWA Rule

Environmentalists might pursue procedural challenges to EPA’s proposed narrower Clean Water Act (CWA) jurisdiction policy that allege Administrative Procedure Act (APA) violations and other non-substantive issues, believing such attacks might win favor from conservative judges who could otherwise vote to uphold the rule on its merits.

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EAB Finds Moot CWA NPDES Permit Appeal Linked To ‘Sue-And-Settle’

EPA's Environmental Appeals Board (EAB) has dismissed as moot a contentious Clean Water Act (CWA) permit challenge that had emerged as a test of the agency's directive against “sue-and-settle” practices, leaving a federal appellate suit as environmentalists' only means of maintaining judicial oversight over the permit.

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Oil, biofuels groups add to lengthy list of RFS 2019 challengers

More organizations representing various industries are suing EPA over its 2019 renewable fuel standard, with the rule’s compliance waivers for small refiners likely to feature as a key issue.

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Road Commission Faults EPA 'Shell Game' In High Court CWA Permit Suit

A Michigan roads commission asking the Supreme Court to let it challenge an EPA “objection” to a state-crafted Clean Water Act (CWA) permit is decrying as a “shell game” the agency's claim that such objections are not judicially reviewable final action, and arguing that the government inadvertently admitted that its actions amount to a final “veto.”

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EPA rejects wastewater group's 'fraud' claim in 'blending' suit

EPA says a municipal wastewater association is overstating its accusation that the agency lied about internal deliberations in a suit over “blending” practices.

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Judge Dismisses Suit Over EPA's Controversial Science Advisor Policy

A federal judge has found that environmentalists have standing to challenge the Trump administration's controversial policy barring EPA grant recipients from serving on its scientific advisory committees though he dismissed the suit on the merits, raising the bar for any appeal.

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California, environmentalists defend suit over scrapped ‘once in’ air policy

EPA claims the lawsuit should be dismissed because it challenges a policy memo and not a final agency action, but the petitioners counter that the memo is a binding action subject to judicial review.

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