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From Climate Extra

The possible demise of the Biden administration’s proposed Clean Electricity Performance Program (CEPP) is driving a focus on other greenhouse gas policies that may be more viable, including expanded clean energy tax credits and tough EPA power plant climate and air rules amid reports of a scramble to come up with other options.

A top EPA lawyer says the agency will for the first time utilize its “affirmative authority” to enforce its obligations to ensure that recipients of EPA funds comply with nondiscrimination requirements in the Civil Rights Act, reflecting the Biden administration’s focus on integrating environmental justice (EJ) into all government decisions.

EPA has denied environmentalists’ petition to stay and immediately reconsider its Trump-era policy on new source review (NSR) air permit “project accounting,” arguing environmental groups failed to satisfy procedural criteria required for a mandatory reconsideration, but the agency is signaling it may revise the policy later, on its own timetable.

EPA is appealing a landmark federal district court decision that found the agency has a nondiscretionary duty under the Clean Water Act (CWA) to update its National Contingency Plan (NCP) oil spill rules, and that EPA breached that duty when it failed to issue a final updated rule -- with the appeal signaling the agency will fight the CWA precedent.

From Climate Extra

EPA is formalizing plans to incorporate and address potential adverse climate change effects, especially on vulnerable communities, into all aspects of its work, including rulemakings, enforcement and other program and policy measures, in keeping with the Biden administration’s push for government-wide adaptation in the face of potential risks.