Appellate judges at Oct. 24 oral arguments wrestled with the scope of Toxic Substances Control Act (TSCA) exclusion for items that are taxed as ammunition, suggesting the exclusion could hinder advocates' suit seeking TSCA regulation of lead bullets while also questioning whether EPA's reliance on the exclusion is too broad.
EPA Administrator Gina McCarthy is rejecting concerns that EPA's greenhouse gas (GHG) standards for existing utilities does not sufficiently credit early actions from her home state of Massachusetts and other leading states, arguing their early efforts at regulating GHGs and increasing renewables and energy efficiency have already provided significant benefits.
In the wake of EPA's decision earlier this year to shelve its rule requiring stormwater retention at new construction sites nationwide, environmentalists are pursuing a broad strategy of pressing states and EPA to tighten requirements in individual stormwater permits while eyeing new action on rejected petitions that sought permits for currently unregulated stormwater runoff.
Industry Pushes Back Against EPA's 'Permit-By-Permit' Stormwater Policy
The U.S. Court of Appeals for the District of Columbia Circuit has granted EPA's request to lift a legal stay on implementing the Cross-State Air Pollution Rule (CSAPR) emissions trading program, a major win for the agency that likely extends the rule's compliance deadlines by three years to account for lengthy litigation over CSAPR.
The U.S. Court of Appeals for the District of Columbia Circuit is poised to hear arguments this week in litigation over EPA's approach to designating areas as either attaining or in nonattainment with its ozone ambient air quality standard, and a separate legal bid to force new toxics rules for lead bullets. Briefs are also due this week in suits over EPA's greenhouse gas (GHG) permitting program and the agency's recently finalized Clean Water Act (CWA) rule for cooling water structures.
EPA has won a major legal battle to reinstate its cross-state emissions trading program, with the appellate court's decision likely extending compliance deadlines to account for the lengthy litigation.
The Army Corps of Engineers has unveiled guidance aimed at clarifying how regulators can assess the boundaries of an "ordinary high water mark" (OHWM) parameter used in Clean Water Act (CWA) jurisdictional determinations, although the guide's impact on EPA's and the Corps' pending rule to define the scope of the water law remains unclear.
A top EPA official says the agency's pending greenhouse gas (GHG) standards for existing utilities will seek to address any concerns from states that participate in the Regional Greenhouse Gas Initiative (RGGI) over efforts to translate rate-based targets to mass-based limits and concerns that other states might seek to undermine the program.
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