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Florida has lost its bid to stay a court vacatur of its Clean Water Act (CWA) section 404 program, after a federal judge rejected its motion for a limited stay and final judgment on the remaining claims, though the judge issued a partial judgment to allow the state to appeal previously decided claims that raised the bar for other states seeking such permitting authority.

From Climate Extra

A coalition of two dozen Republican-led states is urging an appellate court to pause implementation of EPA’s methane standards for the oil and gas sector, arguing the rule is “legally unsound” because it limits states’ discretion to write implementation plans for existing sources.

Environmentalists and their allies say EPA’s recently finalized updates to its Risk Management Program (RMP) rule leaves out many measures they believe are necessary to ensure it covers all facilities at risk of accidental releases, in particular because the agency rejected calls to expand the list of chemicals whose use at a site triggers RMP requirements.

As EPA struggles to implement the second phase of its regional haze program, officials are weighing a late start to the third phase, and are soliciting early input on streamlining measures such as reducing requirements for state haze plans, early exit from the program for states that have met their goals, and minimum thresholds for visibility improvement and cost-effectiveness.

The California Trucking Association (CTA) is declining to appeal a federal court’s ruling upholding the Los Angeles region’s novel “indirect source rule” (ISR) to reduce pollution at warehouses -- a move that could provide further incentive for other states to copy the measure.

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