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In its November 17 opinion, the Fourth Circuit found that on remand from the 2018 decision EPA had addressed most of the deficiencies but that supplemental materials from another case called into question EPA assertions about the criteria the Department of Energy and EPA used to support denial. Ergon-West Virginia, Inc.
Federal Court in Virginia Declined to Issue Preliminary Injunction in Challenge to CEQ Amendments to NEPA Regulations, Denied Motions to Dismiss. Wild Virginia v. Federal Court Upheld Environmental Review for Logging Project. The federal district court for the District of Colorado upheld the U.S. BP America Inc. ,
The first petition was filed by West Virginia and 18 other states that had intervened to defend the repeal and replacement rule, known as the Affordable Clean Energy rule. West Virginia v. DECISIONS AND SETTLEMENTS. EPA’s response to the petitions is due June 3, 2021. 20-1530 (U.S. 29, 2021); North American Coal Corp.
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