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EPA Critics Signal Imminent Push To Block RMP Rule From Taking Effect

EPA’s industry and Republican critics are warning of a wave of imminent litigation challenging the agency’s recently finalized risk management program (RMP) rule updates and seeking to block it from taking effect later this week, charging it exceeds the agency’s authority and places unnecessary burdens on covered facilities.

From Inside TSCA
Judicial Panel Selects 5th Circuit To Hear Suits Over TSCA Asbestos Rule

The federal Judicial Panel on Multidistrict Litigation is sending litigation over the Biden administration’s landmark TSCA rule phasing out uses of chrysotile asbestos to the U.S. Court of Appeals for the 5th Circuit -- the same court that overturned the agency’s first attempt to ban asbestos more than 30 years ago when it drastically narrowed EPA’s authority to regulate existing chemicals.

Industry Braces For Final Legacy CCR Rule’s Swift Compliance Deadlines

Industry lawyers are warning power-sector officials to prepare for speedy implementation deadlines under EPA’s final rule governing “legacy” coal combustion residual (CCR) surface impoundments and CCR management units (CCRMU), though the measure’s imminent publication will start the clock on lawsuits that will challenge the rule and likely seek to block it.

Industry Challenge To EPA Taconite Air Rule Escalates Steel Sector Fight

Lawsuits by steel makers Cleveland Cliffs LLC and U.S. Steel Corp. against EPA’s toughened air rule limiting emissions from taconite iron ore processing escalate a brewing fight between the industry and its political backers, and the Biden EPA, with further suits likely over iron and steel production and related coke ovens regulations.

From Climate Extra
Opposing States’ Stay Bid, DOJ Defends EPA Methane Rule’s Flexibilities

The Justice Department (DOJ) is urging a federal court to deny Republican states’ push for a stay of EPA’s oil and gas methane rules, arguing the states’ federalism claims are flawed because the rule gives states significant latitude to set requirements for existing facilities and its two-year deadline to write implementation plans is reasonable.

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