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Litigation

Environmentalists sue EPA to force coke oven air toxics standards

The suit, filed in federal district court, seeks an ‘expeditious’ deadline for EPA to conduct an air law-mandated review of whether to revise two air toxics rules for coke ovens.

551 words

222016

Court Scraps DOI Royalty Rule Repeal, Signaling Warning For EPA Rollbacks

A federal district court has vacated the Trump administration’s repeal of an Obama-era rule to determine fossil fuel royalties after it found the Interior Department (DOI) failed to state valid reasons for the new policy, with sources saying the ruling could serve as a warning for several pending EPA rollbacks of the prior administration’s policies.

1239 words

222009

8th Circuit Backs Evidentiary Bar For Courts' Superfund Liability Findings

A federal appellate court is endorsing a lower court’s fact findings that parties who sold polychlorinated biphenyl (PCB)-contaminated buildings intended to arrange for disposal of hazardous substances, reinforcing the evidentiary bar that trial courts must meet to determine if a party is liable as an “arranger” under the Superfund law for response costs.

930 words

222012

EPA Staff Crafts New Analysis Of Flaws, Possible Fixes For Vehicle GHG Plan

EPA staff has prepared a new draft review that includes possible remedies for widely criticized assumptions in the Trump administration's proposed freeze of vehicle greenhouse gas and fuel economy standards, assumptions that critics say artificially boost the safety, cost and other benefits of the proposal while understating its environmental impacts.

1635 words

222004

5th Circuit Vacates Parts Of Obama EPA Utility Effluent Rule As Too Lenient

A federal appeals court has vacated portions of the Obama EPA’s Clean Water Act (CWA) power plant effluent rule as too lenient, agreeing with environmentalists that the agency acted “arbitrarily” when it left in place decades-old technology standards designating impoundments as the “best” technology for treating some forms of waste.

1312 words

221998

Federal judge stays Washington CWA 401 case

The federal district court judge cites concerns that claims in the case may overlap with pending state court challenges where industry plaintiffs may have a better chance of relief.

675 words

222001

D.C. Circuit Expected To Order FERC To Broaden Pipeline GHG Reviews

Appellate judges are expected to require the Federal Energy Regulatory Commission (FERC) to expand consideration of greenhouse gas emissions when approving natural gas pipelines with a known upstream producer, which would extend a two-year-old precedent requiring FERC to address downstream GHGs when the end user is known.

1627 words

221991

DOJ Launches Push To Kill Controversial Judicial Theory Driving TMDLs

The Justice Department (DOJ) is urging the U.S. Court of Appeals for the 9th Circuit to overturn a district court ruling and forcefully reject a controversial judicial theory on when EPA must develop a waterbody cleanup plan, or if the appeals court believes the theory is binding in the 9th Circuit, to find the theory does not apply to excess water temperature that is expected to be exacerbated by climate change.

1223 words

221999

New York Plans To Sue EPA Over Certifying Upper Hudson Cleanup Complete

New York is planning to sue EPA over its decision to certify the upper portion of the Hudson River cleanup as complete even though the agency left the door open to additional future cleanup requirements by issuing a separate review that defers until a future date whether the cleanup is “protective.”

1598 words

221981

Oregon Urges Supreme Court Not To Review Challenge To LCFS Program

Oregon attorneys are urging the Supreme Court not to review an appellate court ruling that upheld the state’s low-carbon fuel standard (LCFS), rebutting a petition by oil and trucking companies, as well as large energy consumers, that charges the regulatory program violates the Constitution’s dormant Commerce Clause.

937 words

221958

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