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Litigation

Judge Grapples With Whether To Dismiss Landmark TSCA Citizen Suit

A federal judge is grappling with tough questions on standing and review standards as he weighs whether to dismiss on both procedural and substantive grounds a potentially precedent-setting suit challenging EPA’s denial of a Toxic Substances Control Act’s (TSCA) citizen petition which asked the agency to ban drinking water fluoridation.

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EPA declines to write CERCLA financial assurance rule for fuel sector

“EPA has determined that the petroleum and coal manufacturing industry’s current practices, along with existing federal and state regulations, adequately address potential financial risks,” the agency says.

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Judges Give Few Hints On Fate Of Suit Seeking ‘Missing’ Air Toxics Rules

Appellate judges at Dec. 4 oral argument gave few hints on how they might rule in environmentalists’ lawsuit aiming to force EPA to add previously unregulated pollutants to existing air toxics rules for industry sectors when the agency conducts Clean Air Act-mandated reviews of the regulations.

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Trailer makers seek to restart suit over GHG standards

The industry group opposes first-time greenhouse gas and fuel economy rules for trailers issued during the Obama administration, arguing Trump officials have made “no discernible progress” on reconsidering the rules.

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Environmentalists’ petition seeks EPA air limits for plastic facilities

The Center for Biological Diversity and more than 350 other groups want EPA to update Clean Air Act section 111 and 112 rules for industrial facilities that product plastic.

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Justices Appear To Seek Narrow Basis For Halting CERCLA Damages Case

Supreme Court justices appear likely to block Montana landowners from pursuing a landmark state damages claim seeking to strengthen an EPA Superfund cleanup remedy but signaled they are likely to seek a narrow solution that would maintain EPA’s authority over cleanups while adhering to the law’s savings clauses that give states some powers.

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Judge Defers To EPA’s Groundwater Stance As High Court Weighs Issue

A federal district court judge in Massachusetts has endorsed the Trump EPA’s position that the Clean Water Act (CWA) categorically excludes regulation of groundwater, highlighting some of the tensions in the law that Supreme Court justices grappled with during oral argument last month.

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D.C. Circuit Doubts Incinerator Rule Case But Opens Door To Future Suit

The U.S. Court of Appeals for the District of Columbia Circuit appears likely to dismiss for lack of jurisdiction Sierra Club’s suit aiming to force speedy development of an EPA plan for limiting states’ emissions from industrial incinerators, but at least one judge is signaling a path to a future suit with a similar goal if it is based on different claims.

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Pennsylvania residents object to Navy bid to stay PFAS case

Staying the case for six months, as the Navy wants, will allow the military to further avoid accountability for its pollution of drinking water, the residents say.

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Previewing Legal Attack, States Ask EPA To Reconsider Vehicle Waiver

States are formally urging EPA to reconsider its revocation of a preemption waiver allowing California and other states to enforce their own vehicle greenhouse gas rules, previewing likely arguments in pending litigation that charges the agency lacks Clean Air Act authority to revoke such waivers once granted.

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