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Litigation

BLM To Use New NEPA Rules For ANWR Review Despite Prior DOJ Claims

The Bureau of Land Management (BLM) is planning to use the White House’s streamlined National Environmental Policy Act (NEPA) rules for its analysis of a controversial oil exploration project in the Arctic, despite a top Justice Department (DOJ) official earlier telling a court that agencies would not immediately use the new rules.

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Environmentalists sue EPA in bid to force tougher flare standards

“It’s been far too long since EPA updated these industrial flare standards, and EPA is well aware of the problem,” said Adam Kron, senior attorney for the Environmental Integrity Project.

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Settlement ends Kinder Morgan groundwater litigation

The creation of a $1.5 million cleanup fund has ended litigation between environmental groups and the pipeline company that was one of the first applications of a new Supreme Court Clean Water Act precedent.

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Biofuels groups ask court to force EPA disclosure of RFS waiver data

Biofuels advocacy groups are asking a federal district court to force EPA to disclose information on dozens of small refiner renewable fuel standard (RFS) waivers granted for previous RFS compliance years.

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Briefing concludes in suit over state auto GHG preemption

An appellate court has not yet scheduled oral arguments in the legal challenge, and the Nov. 3 election may create the possibility of a litigation reset if Democratic presidential nominee Joe Biden prevails.

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Attorneys Say Biden Victory Would Mean Ramped-Up EPA Enforcement

If Democratic presidential candidate Joe Biden wins the Nov. 3 election, attorneys are widely expecting EPA to ramp up enforcement efforts with major initiatives under bedrock environmental laws, rather than the Trump administration’s approach of focusing on compliance assistance and deference to states.

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EPA approves new dicamba products following adverse court ruling

EPA has issued new registrations for three herbicides incorporating the chemical dicamba, months after a federal appellate court scrapped previous approvals as not protective of the environment.

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Sierra Club suit targets ‘missing’ air toxics limits in lime kilns air rule

The environmental group’s suit is one of several legal challenges seeking to force EPA to establish emissions limits for air toxics currently unregulated by sector-specific rules for hazardous air pollutants.

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9th Circuit Judges Signal Need For EPA To Update Lead Paint Definition

A panel of three appellate judges at Oct. 27 oral appeared ready to force EPA to write a long-awaited update on its lead-based paint definition used in setting hazard levels for the substances, but also signaled disagreements on whether the agency can consider additional factors such as economic impacts when issuing lead hazard policies.

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EPA, free-market groups spar over standing in ACE suit

One appellate judge had questioned whether free-market groups have standing to challenge EPA’s rule, though the group’s say a recent court ruling in a separate case bolsters their position.

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