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Tracking the latest agency and congressional debates over rules to cut emissions of traditional pollutants, and a broad range of novel EPA policies including the agency's shift to a "multipollutant" regulatory approach for individual sectors.

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Tracking the latest agency and congressional debates over rules to cut emissions of traditional pollutants, and a broad range of novel EPA policies including the agency's shift to a "multipollutant" regulatory approach for individual sectors.

New York urges EPA to approve interstate ozone petition

New York’s top environment official is urging EPA to reverse course and drop its proposed rejection of the state’s interstate ozone petition, warning the state will file suit if the agency does not regulate ozone-forming emissions from sources in upwind states that are transporting across state lines and hindering the Empire State’s attainment of federal ozone limits. At a June 11 public hearing held at EPA’s Washington, D.C., headquarters New York State Department of Environmental Conservation Commissioner Basil Seggos gave...

Senators urge IG to probe EPA’s use of TRI data

Three Senate Democrats are asking EPA’s Inspector General (IG) to expand its ongoing review of the agency’s Toxic Release Inventory (TRI) program, to include how EPA uses companies’ emissions and other data to “identify potential threats to human health” and how EPA assesses the data to ensure its completeness and accuracy. “We are concerned that EPA may not be utilizing TRI data to inform its efforts to identify and respond to threats to human health. This is especially concerning for...


NAS launches “deep decarbonization” initiative

The National Academy of Sciences (NAS) has announced a July workshop to explore the “challenges and opportunities for deploying and scaling up technologies involved in deep decarbonization” -- an effort defined as reaching 80 percent or greater reduction in carbon emissions by mid-century. The workshop, set for July 22-23, signals the launch of a broader “Deep Decarbonization Initiative” at NAS. “Speakers will explore issues for deep decarbonization of the U.S. economy through a focus on several key sectors such as...

FERC Faces Growing Pressure To Review Gas Pipelines’ GHG Impacts

Federal energy regulators are under increasing pressure to conduct broad greenhouse gas and climate reviews when approving natural gas infrastructure, with a recent appellate court ruling rejecting many of the officials’ arguments for sidestepping such analysis even though the court upheld a pair of permit approvals on procedural grounds. In addition, project opponents and Hill Democrats are vowing to further increase pressure on the Federal Energy Regulatory Commission (FERC), in part with the opponents pursuing appeals of the two recent...

Clock starts for suit over EPA’s EPCRA waiver for AFO air reporting

EPA has published in the Federal Register its final rule exempting animal feeding operations (AFOs) from reporting their air emissions under the Emergency Planning and Community Right-To-Know Act (EPCRA), starting a Clean Air Act 60-day clock for environmentalists and other critics to file legal challenges. The rule appears in the June 13 Register and formalizes an earlier guidance establishing a waiver on EPCRA reporting of animal waste air emissions. Earthjustice and other environmental groups are already pursuing a...

Judges Appear To Back EPA’s Narrow Stance On Title V Permit Reviews

Judges on the U.S. Court of Appeals for the 5th Circuit appear to be leaning toward EPA’s view that the agency should not “second guess” states’ decisions on underlying requirements included in Clean Air Act Title V air operating permits, in the second lawsuit to test the Trump administration’s change of policy on such agency review. At oral argument June 10 in Environmental Integrity Project (EIP), et al., v. EPA, et al. , a three-judge panel of the 5th Circuit...


Judge sends Baltimore climate nuisance suit to state court

A federal district judge has rejected industry arguments that Baltimore’s climate nuisance suit filed against oil majors belongs in federal court where it should be preempted by the Clean Air Act, ruling instead that the case must proceed in state court where it was originally filed. The ruling deals a blow to industry efforts to halt the spate of municipal nuisance suits around the country, which seek monetary damages for the oil companies’ role in causing climate change. In a...


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