Air

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.

D.C. Circuit's Pause Of Power Plant GHG Suits May Ease EPA Rule Rewrites

The federal appellate court ruling pausing litigation over EPA's high-profile power plant greenhouse gas rules for 60 days signals that the court is unlikely to issue a ruling on the Obama administration's signature climate change policy, potentially giving the Trump EPA more leeway as it seeks to scrap or substantially weaken the rules. But the U.S. Court of Appeals for the District of Columbia Circuit is seeking additional briefing on whether to remand the rules to the agency, a decision...

Trump EPA Defends Brick MACT In Rare Legal Support Of Obama-Era Rule

The Trump EPA is defending an Obama-era maximum achievable control technology (MACT) air toxics rule for the brick manufacturing sector against lawsuits from industry and environmentalists claiming flaws in the regulation, a rare example of the administration supporting an Obama EPA rule rather than seeking to reconsider the policy. In an April 28 response brief in Sierra Club, et al. v. EPA, et al. , now pending before the U.S. Court of Appeals for the District of Columbia Circuit, the...




EPA Rejects Trailer Makers' Compliance Fears Over Truck GHG Suit Delay

EPA is rejecting concerns from trailer manufacturers that they could face compliance burdens if a federal appeals court grants the agency's bid to pause litigation over the phase 2 greenhouse gas and fuel economy rules for medium- and heavy-duty trucks, saying the Jan. 1, 2018, compliance duty would not be affected by delaying the suit. In an April 28 filing , the Department of Justice (DOJ) on behalf of EPA and the Department of Transportation (DOT) say the Truck Trailer...

Auto Sector Said To Press EPA, DOT To 'Get Moving' On Vehicle GHG Review

The Alliance of Automobile Manufacturers met April 27 with both Department of Transportation Secretary Elaine Chao and EPA Administrator Scott Pruitt, discussing topics including “consumer and market trends,” which automakers have cited as one reason to pursue more flexibility under vehicle greenhouse gas and fuel economy regulations. One source with knowledge of the meetings says automakers also pressed Trump administration officials to take the next steps to reopen EPA's mid-term review of vehicle GHG and fuel economy rules, after officials...

EPA fights bid to cite standing ruling in air rule 'jobs' review case

EPA is fighting coal firms' attempts to cite a recent appellate ruling giving petitioners legal standing to sue the agency for harm caused by air reporting exemptions to boost their suit seeking to compel of review of the jobs impacts from EPA emissions rules, saying the reporting case is the “exception that proves the rule.” On EPA's behalf, the Department of Justice (DOJ) filed an April 26 letter in the U.S. Court of Appeals for the 4th Circuit case Murray...


California eyes adding air pollutants to GHG cap-and-trade

California lawmakers are advancing a bill that would add new conventional air pollution rules and facility emission caps to the state's greenhouse gas cap-and-trade program, an approach that environmental justice advocates have sought for years but which industry groups consider regulatory blasphemy. As Inside Cal/EPA's Curt Barry reports , a California Assembly committee this week approved the controversial bill extending the state's GHG cap-and-trade program to 2030 but also implementing strict new facility air standards and emission caps that...

D.C. Circuit Delays Utility MACT Suits, Handing Latest Win To Trump EPA

The U.S. Court of Appeals for the District of Columbia Circuit on April 27 granted EPA's request to indefinitely delay May 18 oral arguments in two suits over the Obama-era utility air toxics rule, handing the latest win to the Trump administration in a string of successful requests to delay suits over air rules while EPA reconsiders them. The court in two orders postpones argument in Murray Energy Corp., et al. v. EPA, et al. , which contests the agency's...

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