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Litigation

Fearing Litigation Delays, Industry Urges EPA To Finalize RMP Revisions

Groups representing major industries are urging EPA to quickly finalize its rollback of an Obama administration rule that strengthened the Risk Management Plan (RMP) facility accident prevention program, fearing expected litigation over the rollback could extend beyond some of the existing RMP rule’s compliance deadlines.

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To End CWA ‘Patchwork,’ Industry Seeks Quick Rulings On 2015 Standard

Industry groups are making a fresh push for district judges to decide their long-standing challenges to the legality of the 2015 Clean Water Act (CWA) jurisdiction rule in order to end the current “patchwork” of policies on the law’s reach, even as some newly inaugurated Democratic governors are pulling their states out of those suits.

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High court lets stand landmark 6th Circuit toxic tort ruling

The Supreme Court is declining to review an appellate ruling that attorneys have said takes an extremely broad view of when courts can certify toxic tort cases as class actions.

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Canadian Mine Again Asks High Court To Weigh CERCLA's Foreign Reach

The Canadian mining company Teck Metals is again asking the Supreme Court to review a controversial appellate ruling requiring it to pay cleanup response costs even though the release occurred outside the United States, more than ten years after the company failed to convince the court to consider the issue.

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NRDC, states urge court to scrap EPA HFC guidance

EPA issued a guidance in response to a 2017 court ruling partially vacating its 2015 rule limiting refriferants that are potent greenhouse gases, though critics say the guide was too expansive.

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Trump administration defends CRA’s constitutionality

The Department of the Interior says a district judge was right to uphold the Congressional Review Act against environmentalists’ claims that it is unconstitutional.

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Suit Claims Lack Of Public Input Invalidates EPA’s State Ash Plan Approval

Environmentalists are asking a federal district court to scrap EPA’s first-time approval of a state’s coal ash disposal plan, arguing that Oklahoma’s precedent-setting plan is void because it is too lax and the agency has not yet issued guidelines mandated by federal waste law for how states should seek public input on their ash programs.

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High court urged to reject push for preserving narrow EPA deference

The Marine Corps veteran seeking to overturn Auer deference says the Trump administration’s proposal to narrow the doctrine instead of scrapping it is unworkable.

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Environmentalists Say EPA Rollbacks Hinder Air Toxics Compliance Priority

Environmentalists are warning that EPA’s proposal to extend an Obama-era enforcement priority on reducing hazardous air pollutants (HAPs) is undermined by the Trump administration’s deregulatory push, saying budget cuts will reduce compliance inspections and policy changes are likely to cause a spike in toxic emissions.

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4th Circuit upholds EPA water quality decision

The appellate court has strongly backed EPA's discretion to reject site-specific West Virginia water quality standards for copper.

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