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Litigation

EPA-Approved Texas SO2 Trading Plan May Face Further Legal Challenges

EPA has approved Texas’ sulfur dioxide (SO2) trading program as an alternative to source-specific emissions controls to implement the agency’s regional haze reduction program, but environmentalists are already harshly criticizing the long-disputed measure because it “dismally” fails to cut pollution, adding they are open to further legal action.

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States urge court to require existing source methane cuts

A coalition of 13 states, as well as two local governments and environmental groups, is arguing EPA has unreasonably delayed setting standards for existing oil and gas sources.

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Scrapped ACP Pipeline Shows Growing Legal Threats Despite Trump Efforts

Dominion Energy and Duke Energy’s July 5 announcement that they are cancelling the Atlantic Coast Pipeline (ACP) because of ongoing legal delays and cost uncertainty is prompting environmentalists to suggest that other pipelines may face similar fates while industry is urgently calling for permitting reform to counter the legal setbacks.

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10th Circuit Ruling May Force Broader EPA Review Of State Air Permits

A recent ruling by the U.S. Court of Appeals for the 10th Circuit likely will force EPA to take a broader look at states’ decisions when they craft Clean Air Act permits, partially scaling back the Trump administration’s policy of not “second-guessing” state regulators’ decisions and giving environmentalists more opportunities to challenge such permits.

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Environmentalists sue EPA over MATS coal waste air rule

Citizens for Pennsylvania’s Future, Environmental Integrity Project and Sierra Club will likely contest EPA’s rationale for easing emissions limits for power plants that burn coal waste.

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Kinder Morgan Suggests More Analysis To Decide Key Groundwater Case

A pipeline company is outlining two options for the U.S. Court of Appeals for the 4th Circuit to address the Supreme Court’s remand of a key Clean Water Act (CWA) groundwater case, urging the 4th Circuit to uphold a district court’s dismissal of the litigation or in the alternative remand the case to the district court for further analysis.

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Environmentalists Cite High Court Ruling To Boost Groundwater Lawsuits

Environmental groups are urging federal appeals courts to rule in their favor in cases where they allege pollutants traveled through groundwater to surface water, arguing the facts in two pending cases support the “functional equivalent” test outlined in the Supreme Court ruling County of Maui v. Hawaii Wildlife Fund.

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Environmentalists sue EPA over North Carolina SSM waiver

EPA might attempt to move the litigation over its North Carolina air plan approval to a regional federal appeals court in order to narrow the geographic scope of a potential adverse ruling.

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Court Curbs FERC’s Use Of ‘Tolling Orders’ To Delay Suits Over Gas Projects

The full U.S. Court of Appeals for the District of Columbia Circuit in a sweeping decision is curbing the Federal Energy Regulatory Commission’s (FERC) use of “tolling orders” that it has long used to delay administrative reconsideration of natural gas infrastructure approvals and subsequent lawsuits over those projects.

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Auto GHG Rollback Critics Detail New Flaws In Rule, Renew Prior Claims

Environmentalists and California-aligned states in fresh legal and administrative filings are detailing a host of new and existing critiques of the Trump administration’s rollback of vehicle greenhouse gas standards, including a new argument that the rule’s already meager claimed benefits evaporate due to flawed assessments of traffic congestion.

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