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The White House Council on Environmental Quality’s (CEQ) final phase 2 National Environmental Policy Act (NEPA) rule appears likely to retain several controversial proposed changes for how agencies implement the bedrock law, measures that will almost certainly drive litigation if the measure is issued in final form, according to a draft final version obtained by Inside EPA.

From Climate Extra

Over two dozen GOP-led states are quickly filing suit over EPA’s vehicle emissions standards for model year 2027-2032, beginning long-expected litigation against the rule from both states and likely liquid fuel groups as the 60-day window begins for challenges to the rule.

Steel industry groups are filing suit over EPA’s February rule correcting errors in the agency’s recently revised new source performance standards (NSPS) for electric arc furnaces (EAFs) used in steel recycling, combining their new lawsuit with existing litigation over the regulations that industry associations fault as “infeasible.”

Environmentalists, who are intervening in support of EPA’s defense of its "waters of the United States" (WOTUS) rules, are urging a federal court to reject state and industry summary judgment motions, charging that the plaintiffs’ claims are “meritless” and only speculate on the revised rule’s application, and that the suit is aimed at going beyond what the high court already ruled in Sackett v. EPA.

Florida Attorney General (AG) Ashley Moody (R), joined by 22 other GOP AGs, is petitioning EPA to weaken its longstanding rules requiring states to alleviate disparate impacts as part of compliance with Title VI of the Civil Rights Act, a measure that would expand a recent court injunction barring EPA from enforcing the rules in Louisiana.

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