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EPA Poised To Publish Tighter MATS Rule, Starting Likely Litigation Wave

EPA is poised to formally publish its tightened mercury and air toxics standards (MATS) for coal and oil-fired power plants, the first of its four recently announced power sector rules that will appear in the Federal Register, starting the clock on what is likely to be wide-ranging wave of litigation that will almost certainly go all the way to the Supreme Court.

States Face Legal Fights As They Seek To Force EPA Action On CCR Petitions

Wyoming and Alabama officials are facing legal battles as they seek to force EPA to take final action on their requests for delegated authority to permit coal combustion residual (CCR) facilities, highlighting EPA and environmentalists’ concerns that the states may not adequately enforce existing federal CCR requirements.

EPA Seeks Deference On Air Plan ‘Contingency’ Policy Amid Circuit Split

Seeking to reverse a circuit precedent, EPA is urging an appellate court to defer to its view that “contingency measures” (CMs) required in Texas air quality plans must be “prospective” and “conditional,” in a battle that may deepen a circuit split and create additional uncertainty about the agency’s policy on the issue.

Former Top EPA EJ Officials Urge OMB To Take Justice40 Away From CEQ

Two former top EPA environmental justice (EJ) officials are recommending that the White House Office of Management & Budget (OMB) take over running and implementing the Biden administration’s Justice40 program from the Council on Environmental Quality (CEQ), arguing that OMB has clear decision-making authority and an effective structure to engage executive branch agencies in the high-profile initiative.

From Climate Extra
Final EPA Methane Reporting Rule Narrows Definition Of ‘Large’ Releases

EPA’s just-released final update to oil and gas sector greenhouse gas reporting requirements scraps a proposed tonnage threshold for defining “large events” subject to new reporting, responding to concerns from industry and the agency’s science advisers that such a threshold could have captured even small leaks.

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