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Litigation

Sierra Club Sues EPA In Bid To Add Air Toxics Limits To Lime Kilns Rule

Sierra Club is suing EPA in a bid to force the agency to add first-time limits for air toxics “missing” from the existing national emissions standards for hazardous air pollutants (NESHAP) rule for lime kilns, following a recent appeals court ruling that requires EPA to add such limits when it conducts periodic reviews of air toxics rules.

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Democrats, Environmentalists Back Suit Aiming To Block Dakota Pipeline

A coalition of 18 mostly Democratic-led states, 20 House Democrats, four Democratic senators and two environmental groups is backing a suit aiming to uphold a district court decision that a key Army Corps of Engineers’ Dakota Access Pipeline (DAPL) approval violated the National Environmental Policy Act (NEPA).

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Looming High Court Shift May Spur Calls For Hill Action On Environment

The expected Supreme Court shift to a 6-3 conservative majority may spur calls for Congress to advance legislation on environmental issues including climate change, because the court may be more skeptical of EPA and other agencies’ regulatory authority, making it harder to implement new rules, legal experts say.

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NEPA Rule Critics Threaten New Suit, CEQ Issues ‘Emergency’ Guidance

California is leading a coalition of 20 mostly Democratic-led states along with several cities and territories in a threat to file a new lawsuit over the Trump administration’s National Environmental Policy Act (NEPA) streamlining rule over endangered species concerns, while the White House has issued a new NEPA “emergency” guidance.

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Automakers detail defense of Trump attack on state vehicle programs

“Manufacturers have sought clarity on these issues for nearly two decades, since California first attempted to impose its own GHG tailpipe regulations on industry,” say the auto companies.

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DOJ pushes to consolidate WOTUS cases as Patagonia seeks to join suit

The Justice Department says consolidating two district court cases will aid judicial efficiency but argues the apparel company lacks a significant protectable interest to be a party in the litigation.

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Amid Controversy, Another Nationwide Permit Case Begins Appellate Review

The shellfish industry in Washington state is urging a federal appeals court to reverse a lower court’s vacatur of a federal Clean Water Act (CWA) general permit in the state, making it the second such case currently under appellate review, with the same circuit court also weighing a controversial ruling that vacated the use of a similar permit for the Keystone Pipeline.

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Supreme Court Shift Poses New, Uncertain Risks For Environmental Rules

The looming expected increased conservative majority on the Supreme Court is creating new but uncertain risks for the fate of environmental rules, with legal experts predicting it could bolster the odds that the Trump EPA’s deregulatory efforts survive but cautioning that the justices could still make divergent case-specific decisions.

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D.C. Circuit Poised To Hear Consolidated Suit Challenging EPA’s 2019 RFS

The U.S. Court of Appeals for the District of Columbia Circuit will hear oral argument Sept. 25 in a lawsuit challenging EPA’s 2019 renewable fuel standard (RFS) rule, including challenges to the agency’s policy for granting RFS compliance waivers to small refiners as well as fights over the program’s fuel production targets.

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In Lawsuit Over Wood Stoves Air Rule, EPA Defends Audit Testing Policy

EPA, backed by 11 states, is defending audit testing provisions in its 2015 new source performance standards (NSPS) for wood stoves and similar devices in recently resumed litigation filed by a stove manufacturers’ group claiming the testing regime is unlawful because it fails to account for variability in the pollutant content of wood.

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