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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.


As States Sue, They Warn ACE Rule Penalizes Existing GHG Programs

California and other states with market-based programs to cut power sector greenhouse gas emissions charge in a new suit that EPA’s Affordable Clean Energy (ACE) rule, which replaces the broader Obama-era Clean Power Plan (CPP), is unlawful under the Clean Air Act and penalizes states that try to work together to cut emissions. California is “part of a . . . region-wide grid . . . and this effort to roll [the CPP] back will hurt our efforts going forward,”...

States threaten to sue EPA over lack of ‘good neighbor’ plans

States in the New York City metropolitan area are threatening to sue EPA over its failure to ensure that three upwind states -- Maryland, Pennsylvania and Virginia - have submitted “good neighbor” plans to mitigate their contribution to high ozone levels on the coast. In a July 26 letter recently posted to EPA’s website, the attorneys-general of New York, New Jersey and Connecticut give the agency 60 days’ notice, until Sept. 26, of their intent to file suit should EPA...

EPA Drops Key NSR Suit To Avoid Adverse Precedent On Injunctive Relief

EPA and the Sierra Club have dropped their long-running suit against Texas utility Luminant for violations of new source review (NSR) permitting requirements in an effort to avoid a broad adverse precedent that could hamstring future actions to seek injunctive relief for past violations under multiple statutes across a wide swath of the country. According to one environmentalist, Sierra Club reluctantly agreed to drop its action against Luminant in the U.S. Court of Appeals for the 5th Circuit, in USA,...

Trump Under Pressure As Biofuels Groups Cry Foul Over New RFS Waivers

President Donald Trump is facing angry calls from biofuels groups and Farm Belt lawmakers to quickly intervene and mitigate the effects of a fresh round of EPA waivers exempting small refiners from renewable fuel standard (RFS) blending obligations, as the agricultural economy continues to suffer from a host of problems depressing farm incomes. Biofuels groups are incensed that EPA Administrator Andrew Wheeler late on Aug. 9 announced he had granted 31 waivers from RFS blending obligations for the compliance year...


Former Officials Criticize Limited GHG Review In Draft CEQ NEPA Guide

Current and former government officials are strongly criticizing a draft guidance crafted by the White House Council on Environmental Quality (CEQ) that instruct agencies to limit the scope of how they consider greenhouse gas emissions and climate impacts when conducting National Environmental Policy Act (NEPA) reviews. Instead of guiding agencies on how best to address GHG emissions, “CEQ’s proposed guidance is a litany of possible excuses that agencies could use to avoid their consideration,” the Environmental Protection Network (EPN), a...

EPA moves to reclassify Denver to ‘serious’ ozone nonattainment

EPA is proposing to reclassify the Denver area’s ozone nonattainment status from “moderate” to “serious” -- as requested by Gov. Jared Polis (D) -- a step that if finalized would require additional pollution controls likely affecting oil and gas drillers. EPA in an Aug. 8 proposal notes that the area failed to meet the 2008 ozone national ambient air quality standard (NAAQS) by a July 2018 deadline and says the Clean Air Act requires the agency to determine whether areas...

Trump critics continue to attack analysis of auto GHG plan

Critics of the Trump administration’s pending rollback of vehicle greenhouse gas and fuel economy standards are continuing their attacks on key cost and safety analysis supporting the plan, ahead of the policy going final in the coming months. The pushback comes in the form of a new report by a consumer group regarding the plan’s effect on drivers’ fuel costs, as well as a continued push by environmentalists for a court to force EPA to release analysis they argue would...

Unions urge 2020 candidates to support carbon cap, not tax

Unions representing coal mine workers and employees related to the power sector are urging 2020 Democratic presidential candidates to back a cap-and-trade policy rather than a carbon tax, arguing a tax would immediately risk 2 million jobs in energy-intensive industries. The labor groups are also arguing that a fair level of compensation for workers displaced by such a tax could cost as much as $3 trillion over two decades. Unions signing onto the July 29 letter sent to the Democratic...

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