http://InsideEpa.com/sites/insideepa.com/documents/jan2011/epa2011_0120.pdf


Fearing Judge, Industry Opposes EPA's Favored Venue For Nutrient Suits

Industry, state and other groups suing EPA over its landmark numeric nutrient criteria for Florida waters are resisting agency efforts to consolidate multiple suits on the rule in a federal district court in Tallahassee, FL, because a federal judge in the court, who could hear the case, may be less sympathetic to their complaint, sources say. Florida's Department of Agriculture and industry groups have filed five separate lawsuits in a federal district court located in Pensacola, with the state and...

Appellate Court Rejects Activist Bid To Classify Mine Pits As Point Sources

The U.S. Court of Appeals for the 9th Circuit has rejected an argument by environmentalists that water collected in waste rock pits should be regulated as a point source under the Clean Water Act (CWA), marking the first time that an appellate court has considered that line of argument directly, according to a source familiar with the case. The ruling could mark a setback for environmentalists efforts to expand the range of sources that were previously exempted from clean water...

Appellate Court Raises Bar For Plaintiffs Seeking To File Citizen Suits

A federal appellate court has ruled that citizens' notices of intent (NOI) to sue under the Clean Water Act (CWA) must identify each pollutant being discharged in violation of the law in order to be granted relief, setting a more-stringent standard than other appellate courts that sources say will delay litigation to the extent that it could make suits untenable. In a Jan. 5 ruling in Friends of the Earth et al., v. Gaston Copper Recycling Corp. , the U.S...

Farm Groups' Letter To White House

BIO Letter To White House


Judges Offer Mixed Views On EPA's Waiver For California Vehicle GHG Rules

Judges reviewing EPA's waiver allowing California to pursue greenhouse gas (GHG) vehicle rules appeared to offer mixed views of the agency's decision in oral arguments Jan. 18, questioning industry on their standing to bring the case while questioning government lawyers on whether the agency had adequately demonstrated that California faces "compelling circumstances" to require the standards. One observer says the arguments did not appear to give a clear indication of where the court stands on the merits of EPA's waiver...

White House Issues Landmark Guide For Implementing NEPA Mitigation

The White House Council on Environmental Quality (CEQ) has issued final guidance to ensure that federal agencies and others follow through on their commitments to mitigate adverse environmental impacts identified in National Environmental Policy Act (NEPA) reviews. The new guidance is "one of the things that's been missing to move NEPA to the next level," one former CEQ and Army official says. "It is the most important piece of guidance that CEQ has put out in the last 12 to...

U.S. Chamber Suggests Bifurcated Approach For EPA Rule Reviews

The U.S. Chamber of Commerce's top lobbyist is suggesting that EPA implement a two-tiered rulemaking process to subject "economically significant" rules, which have costs exceeding $100 million, to more intensive scientific and economic analysis than minor rules, as part of the group's efforts to reform the rulemaking process as a counter to the "regulatory tsunami" it says has been unleashed by the Obama administration. R. Bruce Josten, the Chamber's executive vice president for government affairs, says specific reforms would differ...

Officials Vow To Extend New Rule Review Approach To EPA's GHG Rules

Senior administration officials say they plan to subject EPA's greenhouse gas (GHG) rules and other pending measures to strict "retrospective" regulatory review requirements that President Obama just announced to make existing rules more flexible and less burdensome and revoke existing rules that may be out of date. The White House Jan. 18 released a new executive order generally reiterating current regulatory review requirements while requiring EPA and other agencies to craft plans for retroactively reviewing "existing, significant" regulations to determine...

API Renews Push To Defer Deadline For Industry To Submit GHG Data

The American Petroleum Institute (API) is planning to send a second request to EPA that it defer a March 31 deadline for industry to submit initial mandatory reports on greenhouse gas (GHG) emissions data for 2010 releases after the agency denied the group's earlier request for a delay, a source with the group says. API will renew its push for a delay over concerns that EPA has not yet rolled out its electronic greenhouse gas reporting tool (e-GGRT), critical for...

Industry Opposes Stay Of EPA Refinery NSPS Suit Pending GHG Proposal

Refinery industry groups are opposing EPA's request for a court to continue to stay litigation over the agency's new source performance standards (NSPS) for the sector, saying the agency's plan to resolve some of the suits by issuing revisions to the NSPS including greenhouse gas (GHG) limits and other changes is too broad in scope. The American Petroleum Institute (API), National Petrochemical & Refiners Association (NPRA) and Western States Petroleum Association (WSPA) filed a Jan. 10 brief with the U.S...

EPA Urged To Allow Use Of State GHG Programs To Comply With NSPS

State officials are urging EPA to allow state greenhouse gas (GHG) programs to qualify as a compliance mechanism for meeting the agency's upcoming new source performance standards (NSPS) for power plants and refineries, though the agency has so far sent mixed signals on whether it would support the approach. If EPA were to support the effort, it could be one option for state and local air authorities to argue for preserving their nascent climate programs in the face of pushback...

Utilities Seek Dialogue With EPA, Others Over Rule Cost, Reliability Fears

Utility industry group the American Public Power Association (APPA) is seeking to form a dialogue between EPA, FERC, the White House and other industry groups to try and resolve fears over EPA regulations harming grid reliability and prompting a massive switch from coal-fired power to natural gas, according to a senior APPA official. APPA President and CEO Mark Crisson in a Dec. 29 interview said that existing discussions over the impacts of the EPA rules have been limited with no...

GOP Sharpens Three-Pronged Legislative Strategy To Overturn EPA Rules

The new House Republican majority in the 112th Congress is crafting a three-pronged strategy to challenge what it sees as costly EPA regulations, planning a series of Congressional Review Act (CRA) votes to undo rules, proposed spending cuts to prevent the implementation of regulations, and aggressive oversight to highlight rules' costs, sources say. Rep. John Carter (R-TX), secretary of the House GOP Conference, will lead efforts to move CRA resolutions that require a majority vote in both chambers to disapprove...

Rockefeller Wants Vote To Stall EPA GHG Rules Before Spending Law Ends

Sen. Jay Rockefeller (D-WV) says he will push for the Senate to vote on his proposal to delay by two years EPA's greenhouse gas (GHG) regulations before the continuing resolution (CR) funding the government expires March 4, fearing that its expiration will provide House Republicans with an opportunity to undercut the agency's authority more drastically than he would like to see. At the same time some moderate Senate Democrats are balking at Rockefeller's proposal to block GHG stationary source regulations...

Boxer Vows To 'Stand Guard' To Defend EPA Air Rules From GOP Attack

Sen. Barbara Boxer (D-CA), chair of the Senate Environment & Public Works (EPW) Committee, says she will "stand guard" against attacks from the Republican-controlled House on EPA carbon and other rules, while doing "everything short of" passing a comprehensive climate bill to address greenhouse gas (GHG) emissions. Other priorities for the environment panel in the new session include pushing for first-time national standards for toxic chemicals in drinking water and developing a national response plan for cancer clusters, Boxer said...

Key Lobbyists Bullish On Congress Overturning EPA GHG Authority

Prominent industry lobbyists are voicing optimism that Congress will vote to delay EPA regulations on greenhouse gases (GHGs) for at least two years, and that lawmakers will be able to include such a provision in legislation that would be difficult for President Obama to veto, such as a spending bill or a broader clean energy package. The optimism comes as Sen. John Barrasso (R-WY) says he will introduce legislation this month to permanently overturn EPA and other agencies' GHG authority...

EPA Rejects Industry Bid To Expand RFS Corn Ethanol Climate Exemption

EPA has rejected an industry request to expand the amount of corn ethanol that is exempted from greenhouse gas (GHG) reduction requirements under its renewable fuel standard (RFS), but the agency is addressing some industry concerns by clarifying that some fuel facility expansions will not trigger pollution control requirements. Meanwhile, EPA faces a Jan. 11 deadline to file a motion in consolidated lawsuits over the RFS -- including environmentalist challenges to the GHG mandate exemption. But EPA recently won a...

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