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A pending suit over EPA’s denial of environmentalists’ petition seeking to require reporting of asbestos uses under the revised Toxic Substances Control Act (TSCA) is testing plaintiffs’ ability to use remedies in both the toxics law and the Administrative Procedure Act (APA) to challenge such denials, potentially expanding plaintiffs’ litigation options.

The Trump administration’s timetable for completing its rollback of vehicle greenhouse gas and fuel economy standards has slipped such that a final rule is not expected before an appellate court holds oral argument in litigation over EPA’s decision to reopen the Obama-era standards.

Cellulosic biofuel manufacturer POET Biorefining is suing EPA over the agency’s disapproval of a proprietary fuel testing method that EPA says cannot guarantee compliance with renewable fuel standard (RFS) requirements for the qualities of cellulosic fuel, a decision that could further hinder growth in the cellulosic fuel sector.

Former EPA officials are urging the Supreme Court to reject the Trump administration’s newly crafted position that pollution in groundwater can never be subject to Clean Water Act (CWA) requirements, saying it contradicts existing agency policies and, if endorsed by the court, could leave pollution from “thousands” of dischargers unregulated.

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