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From Climate Extra

EPA in just-finalized power plant greenhouse gas standards is offering a broad defense of its key finding that carbon capture and storage (CCS) is an “adequately demonstrated” technology that can serve as the basis for strict standards in the rule, outlining the agency’s stance in one of the most prominent issues that will be raised in litigation.

EPA has posted regulatory text for its four just-finalized power plant air, climate, water, and waste standards, outlining detailed new requirements for existing coal plants and newly constructed natural gas-fired facilities under several statutes.

The federal Surface Transportation Board (STB) is raising legal doubts about whether EPA should waive Clean Air Act (CAA) preemption to allow California’s air board to implement a novel rule aimed at cutting pollution from existing locomotives, saying the policy may be preempted by the Interstate Commerce Commission Termination Act of 1995 (ICCTA).

Biden administration officials are mounting an early defense of EPA’s four just-finalized air, climate, water, and waste standards for power plants, saying the sector will easily be able to implement them in part because the agency has coordinated their various requirements and added new provisions to preserve grid reliability.

The U.S. Court of Appeals for the District of Columbia Circuit has paused litigation brought by states and industry against the agency’s disapproval of many states’ plans to curb interstate ozone pollution, pending a decision by the Supreme Court on whether to hear challenges to a regional court’s decision to transfer litigation to the D.C. court.

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