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Court Dismisses Challenge to EPA COVID Policy

The judge in this case clearly wasn't buying plaintiffs' argument. There is a separate lawsuit challenging the policy directly. All of which may be moot because EPA intends to end the COVIC-19 policy in August, predicting that it will no longer be needed by then (see my July 5 blogpost for more on that).

NRDC v. EPA, 2020 WL 3838017 (S.D.N.Y. 2020) (granting motion to dismiss in case challenging unreasonable delay in responding to petition related to EPA’s COVID-19 enforcement discretion rule, held that plaintiffs lack standing where there is no evidence that pollution is increasing as a result of EPA’s forbearance on enforcement)



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