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Litigation

EPA, Environmentalists At Odds Over Ruling Tightening Ash Disposal Rule

EPA and environmentalists are pushing competing interpretations of the appellate order that scrapped key exemptions in the Obama-era coal ash disposal rule for being too weak, as both sides seek a new decision from the court on whether it meant to order the immediate closure of disposal sites that cannot meet the rule without the waivers.

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Judge rejects DOJ bid to dismiss suit over Trump's ‘2-for-1’ order

The new order preserves environmentalists' suit against President Donald Trump's deregulatory executive order, but leaves the case in a “liminal state” until further fact-finding.

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9th Circuit backs DHS' environmental waivers for wall construction

The decision represents the latest loss for environmentalists and state officials hoping to block environmental law waivers for the Trump administration's signature border wall.

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CBD suit challenges EPA refusal to require battery storage as BACT

Environmentalists are suing EPA over its refusal to require battery storage as the best available control technology (BACT) for reducing emissions at a gas-fired power plant.

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Major Drop In EPA FY18 Enforcement Bolsters Criticism Of Trump Agenda

EPA's just-released report on its fiscal year 2018 enforcement efforts includes sharp drops in civil and criminal penalties, site inspections and other measures that appear to bolster claims from Democrats and environmentalists that the Trump administration is significantly paring back enforcement compared to prior administrations.

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Wheeler Says EPA Will Publish Narrower CWA Jurisdiction Rule Next Week

Acting EPA Administrator Andrew Wheeler plans for the agency to publish its proposal to narrow the scope of Clean Water Act (CWA) jurisdiction in the Federal Register the week of Feb. 11, a long-awaited move that will formally start the 60-day clock for public comments at least two months after the rule was first unveiled.

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EPA to finalize ACE climate rule in 'second quarter' of 2019

Trump administration officials had previously hoped to finish the narrow replacement to the Obama-era Clean Power Plan by March, though work was delayed during the month-long government shutdown.

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EPA leaves air toxics limits for friction materials unchanged

An EPA air toxics review of the friction materials sector leaves emissions limits unchanged, following a recent pattern for such reviews from the Trump administration.

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9th Circuit Grants EPA Rehearing Of Order Compelling Chlorpyrifos Ban

The U.S. Court of Appeals for the 9th Circuit has granted EPA’s request for rehearing of a panel’s ruling that vacated former Administrator Scott Pruitt's reversal of an Obama-era proposed ban on the pesticide chlorpyrifos, raising the possibility the court could undo the order and reject environmentalists' bid to block the substance from the market.

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Environmentalists sue EPA over ozone NAAQS implementation rule

Environmentalists are suing EPA over its rule easing states’ implementation of the 2015 ozone national ambient air quality standard set at 70 parts per billion.

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