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REMAKING EPA
RFF Findings Show Minimal NEPA Delays, Urging Broader Permitting Update

New analysis from Resources for the Future (RFF) is finding that the National Environmental Policy Act (NEPA) creates minimal hurdles for renewable energy projects, suggesting congressional efforts to expedite environmental permitting for expanded energy production will have to extend beyond NEPA requirements.

EPA Emphasizes State Authorities, Flexibilities In Plan To Limit CWA Scope

EPA’s newly proposed rule limiting the scope of waters that receive federal Clean Water Act (CWA) protections is seeking to carve out flexibilities for states with differing hydrology via its use of “wet season” data, with officials emphasizing that the rule seeks to strike a balance between federal and state authorities.

From Inside PFAS Policy
Industry Says EPA Efforts To Fix CERCLA Designations Comes Too Late

Industry groups are renewing their bid for the D.C. Circuit to vacate the Biden-era rule designating two PFAS as “hazardous substances” under the Superfund law, arguing -- in their first brief since the Trump EPA announced it would keep the rule -- that EPA’s future efforts to reform such designations will not fix issues with this rule.

Environmentalists Say Authority For NSR Accounting Rule ‘Does Not Exist’

Environmental groups are detailing arguments in litigation challenging EPA’s “project emissions accounting” policy under the new source review (NSR) air permitting program, claiming the policy is unlawful and lacks any statutory basis, and that it enables industry to avoid NSR by artificially grouping disparate activities as a single “project.”

From Climate Extra
Utility GHG Rule May Follow GHG Finding Repeal, Amid Calls For Alignment

EPA appears likely to delay issuing a final rule scuttling power plant greenhouse gas standards until early next year -- after finalizing a repeal of its GHG endangerment finding -- with some industry sources suggesting EPA might also align its power rule justification with what they see as a more robust rationale for repealing the finding.

Seeking To Align With Sackett, WOTUS Plan Defines Key Terms, Exclusions

EPA is issuing a long-awaited proposal to revise the Biden EPA’s 2023 rule defining “waters of the United States” (WOTUS) to align with the Supreme Court’s decision in Sackett v. EPA, defining key terms for determining which waters are subject to the Clean Water Act (CWA) such as “relatively permanent” and “continuous surface connection.”

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