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California v. U.S. Environmental Protection Agency

ELR Citation: 50 ELR 20241
Nos. 19-17480, (9th Cir., 10/22/2020)

The Ninth Circuit overturned a ruling denying EPA's motion to modify an injunction requiring it to promulgate a federal landfill emissions plan by November 6, 2019. The appellate court held that the district court abused its discretion in denying the Agency's request for relief because EPA promulgated new regulations that set a 2021 deadline to issue a plan, which constituted a change in law and thus removed the legal basis for the court's denial of the motion. It therefore reversed and remanded with instructions for the district court to modify the injunction consistent with this ruling.