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D.C. Circuit Judge Thomas Griffith announces retirement

Appointed to the court by President George W. Bush, the judge who has had a role in numerous environmental cases, will step down in September.

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In Win For Cities, 4th Circuit Keeps Baltimore Climate Case In State Court

In a first-of-a-kind ruling, a federal appellate court is agreeing to keep Baltimore’s climate nuisance case against major oil companies in state court under Maryland common law, rejecting industry’s efforts to have the litigation removed to federal court, where the firms would then argue the claims were preempted by the Clean Air Act.

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Amid CEQ Rewrite, Environmentalists Say Vacated EIS Shows ‘NEPA Matters’

An appellate court has vacated a National Environmental Policy Act (NEPA) review the U.S. Forest Service (USFS) conducted as part of a plan to open a Colorado roadless area to coal mining, bolstering environmentalists who say it shows that law still matters especially as the White House moves to dramatically scale back how agencies implement it.

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Earthjustice eyes suit, Congress to block imminent MATS rollback

Environmentalists plan to sue EPA to block its rule and also back a Senate energy bill rider that would stop the rollback.

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EPA Seeks To Reverse Landmark TMDL Ruling, Fearing ‘Wave’ Of Suits

EPA is asking the U.S. Court of Appeals for the 9th Circuit to reverse a three-judge panel’s landmark ruling that expands a controversial “constructive submission” forcing the agency to develop waterbody cleanup plans when states have failed to act, warning the decision will lead to a “massive wave” of citizen suits if left unchecked.

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Defendants Fear ‘Over-Naming’ In Burgeoning Asbestos Exposure Suits

As EPA and Congress weigh efforts to ban asbestos, plaintiffs in asbestos tort suits are casting a wide net to capture companies not directly involved in making the substance, but a product liability defense attorney says states are seeking to limit those efforts including Iowa’s bid to prevent “an epidemic” of “over-naming” defendants.

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Despite Cert Denials, High Court Remains Interested In Narrowing Chevron

Supreme Court Justice Neil Gorsuch, a well-known critic of federal agency deference, is signaling the high court remains interested in narrowing Chevron deference that gives primacy to EPA and other agencies’ interpretations of unclear laws even as the court has declined to hear cases that could have served as a vehicle to roll back the doctrine.

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Judge might reject bid for ongoing EPA air toxics risk reviews

The judge hearing environmentalists’ suit pushing for EPA to review individual sectors’ air toxics emissions risks to public health says the Clean Air Act is ambiguous on the requirement.

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Nine GOP senators urge Wheeler to appeal adverse RFS waivers ruling

EPA Administrator Andrew Wheeler has until March 9 to decide whether to ask a federal appeals court to rehear a ruling scrapping several small refiner waivers under the renewable fuel standard.

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Biogas producers seek to consolidate suits over 2019, 2020 RFS rules

Biogas producers are looking to combine suits challenging the 2019 and 2020 renewable fuel standard (RFS), primarily challenging EPA’s failure to grant RFS credits for electricity made from landfill gas.

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