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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.

States say CSAPR rulings invalidate EPA ozone petition denials

East Coast states and environmental groups say recent appeals court rulings on interstate ozone pollution fatally undermine EPA’s rejection of petitions by Maryland and Delaware seeking direct federal regulation of emissions from other states, after the agency sought to downplay the rulings’ impact on its handling of such petitions. In an Oct. 8 letter to the U.S. Court of Appeals for the District of Columbia Circuit in State of Maryland, et al. v. EPA, et al., Delaware and Maryland, supported...

States, Environmentalists Intervene To Protect EPA Air Law GHG Authority

States and environmental groups challenging EPA’s Affordable Clean Energy (ACE) power plant greenhouse gas rule as too weak are also seeking to intervene on EPA’s behalf to defend the agency’s underlying authority to regulate power sector GHGs, asking an appellate court to allow them to weigh in on that specific issue. A coalition of 18 states in American Lung Association, et al. v. EPA et al. tells the U.S. Court of Appeals for the District of Columbia Circuit in...

Investors urge GM to join California auto GHG deal

New York City’s comptroller is leading a coalition of 25 major investors in urging General Motors to join California’s voluntary deal with four other automakers on vehicle greenhouse gas standards, a pact that has come under withering criticism from the Trump administration as it tries to roll back federal requirements. “We urge you to join this compromise agreement, which is consistent with [GM’s] call for a national solution, continuously improving fuel economy, and its stated goal of moving toward zero...

Environmentalists Step Up Legal Pressure For EPA Species Review Of RFS

Environmentalists are stepping up legal pressure on EPA over its failure to conduct a broad review of the potential impacts to endangered species from its renewable fuel standard (RFS), raising the claim in litigation over the 2019 RFS even as the agency grapples with a court remand demanding it address the lack of a review for the 2018 RFS. The push for a species review of the RFS is just one of many legal arguments EPA is battling in consolidated...

Refiner Rejects EPA’s Claim Of ‘National’ Scope For RFS Hardship Waiver

Small refiner Sinclair Wyoming Refining is fighting to keep its challenge to EPA’s denial of a renewable fuel standard (RFS) economic hardship waiver in regional appellate court, as the agency seeks to dismiss the case and hear challenges to RFS waivers as “national” actions in the U.S. Court of Appeals for the District of Columbia Circuit. In Sinclair Wyoming Refining v. EPA , pending the 10th Circuit, the refiner is contesting EPA’s August decision to deny small refiner exemptions (SREs)...

EPA Denies Interstate Rulings Invalidate Rejection Of States’ Ozone Petitions

EPA is denying that recent appellate rulings faulting its interstate air pollution policy also invalidate its rejection of Eastern states’ petitions asking the agency for stricter ozone rules in upwind states, arguing in new filings that the two court decisions address issues unrelated to EPA’s primary justification for denying the petitions. The U.S. Court of Appeals for the District of Columbia Circuit in two recent rulings in State of Wisconsin, et al. v. EPA, et al. and New York,...

Critics of EO axing advisory panels urge Trump to rescind order

Environmental groups, unions, universities and other professional organizations are urging President Donald Trump in a new letter to rescind his June executive order (EO) requiring EPA and other agencies to disband one-third of their federal advisory committees (FACs), arguing the order is “arbitrary,” “specious” and harmful. “By requiring elimination of one-third of existing advisory committees and capping the total number of committees at 350, the order would arbitrarily eliminate essential advice that informs government decisionmaking. Its rationale is specious, and...

EPA sends final MATS rule rollback for OMB review

EPA has sent for White House pre-publication review its final rule that is expected to rescind the legal basis for the Obama-era mercury and air toxics standards (MATS) for power plants, with the Trump administration aiming to scrap what it sees as a flawed justification for regulating utilities even as it aims to preserve the MATS rule. The White House Office of Management & Budget (OMB) received the rule Oct. 4, according to its website, for interagency review that typically...

D.C. Circuit Split On Procedural Bar In Suit Over EPA Air Permitting Policy

Appellate court judges at oral argument appeared split over environmentalists’ suit challenging an EPA guidance that critics say makes it easier to avoid strict Clean Air Act permitting reviews, with two judges doubting it is a “final” action subject to court review while the third judge questioned the agency’s legal basis for the guidance. A U.S. Court of Appeals for the District of Columbia Circuit panel including Chief Judge Merrick Garland, Circuit Judge Robert Wilkins and Senior Circuit Judge A...

Environmentalists, Industry Groups Detail Opposition To ACE Climate Rule

Environmental groups are for the first time outlining the issues they intend to raise in their litigation challenging EPA’s Affordable Clean Energy (ACE) rule addressing power plant greenhouse gas emissions and its simultaneous repeal of the much more stringent Clean Power Plan (CPP) that ACE replaces. In an Oct. 7 filing in American Lung Association (ALA), et al. v. EPA, et al ., the groups ask the U.S. Court of Appeals for the District of Columbia Circuit to determine whether...

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