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Ethanol Lobby Warns Against Refinery Waivers As RFS Volume Plan Nears

As the ethanol sector presses the Trump administration to boost ethanol sales ahead of EPA’s imminent proposal setting renewable fuel standard (RFS) blending volumes for 2026 and beyond, industry advocates are warning the agency not to undermine the program by granting numerous outstanding compliance waivers for small refineries. Speaking at the International Fuel Ethanol Workshop and Expo in Omaha on June 10, Geoff Cooper, president and CEO of the Renewable Fuels Association (RFA), urged the Trump EPA to set adequate...

Trump Science EO Signals A Return To ‘Secret Science’ Prohibitions At EPA

President Donald Trump’s recent executive order (EO) requiring “gold standard science” mirrors provisions in EPA’s “secret science” rule from Trump’s first term, signaling officials will seek to reinstate the controversial policy that sought to restrict the use of non-public research, such as private medical data, in regulatory decisions. Several experts add that such a rule’s effects would be compounded by the current administration’s unprecedented attacks on EPA’s scientific capacity. The May 23 EO , “Restoring Gold Standard Science,” has “a...

Thousands Of Employees Apply To Leave EPA Amid Morale Collapse

Over 16 percent of EPA employees have applied to leave the agency in the latest round of buyouts and early retirement offers, compounding already significant staff losses from past buyouts, reductions in force (RIFs) and probationary worker firings. As of May 30, EPA had received 2,629 applications for the second round of its buyouts -- the Deferred Resignation Program (DRP) -- and Voluntary Early Retirement Authority, an EPA spokesperson told Inside EPA . Those applications will still undergo a review...

Appeals Court Stays Funding Freeze Injunction, Backing DOJ Venue Claims

A divided federal appellate panel has stayed a key funding freeze injunction and backed Trump administration arguments that district courts lack jurisdiction over such claims, in a vindication of EPA and other agencies’ strategy to rely more on venue arguments as their merits defense of grant freezes and terminations has faltered. In a 2-1 decision, a panel of the U.S. Court of Appeals for the 4th Circuit issued a June 5 order to stay pending appeal a South Carolina district...

EPA Plans To Delay, Reconsider CWA ‘Worst Case’ Chemical Spill Rule

EPA is planning to delay by up to five years implementation of the Biden-era Clean Water Act (CWA) rule requiring facilities to plan for “worst case” spills of hazardous substances while officials broadly reconsider it, a move that backs industry calls for the Trump administration to scale the measure back. EPA officials briefed the American Public Power Association (APPA) on its plans during a recent webinar, the group said in a June 3 article on its website. The compliance-deadline change...

5th Circuit Doubts Key TSCA Issues In Landmark Methylene Chloride Suit

A panel of 5th Circuit judges appears skeptical of EPA’s TSCA authority to regulate workplace exposures, as well as its threshold risk finding of methylene chloride, raising the prospect that any ruling in the potentially precedent-setting case could again undercut agency efforts to regulate chemicals as the circuit did in a 1991 asbestos case. Circuit judges Patrick E. Higginbotham, Edith H. Jones and Leslie H. Southwick heard oral argument June 3 in East Fork Enterprises, et al. v. EPA ,...

High Court’s NEPA Ruling Expected To Bolster Agencies’ Imminent Policies

The Supreme Court’s May 29 ruling barring review of certain “indirect effects” under the National Environmental Policy Act (NEPA) is expected to bolster federal agencies’ soon-to-be released new rules and policies narrowing the scope of their reviews, sources say, though their measures may not be consistent. The justices’ unanimous 8-0 holding in Seven County Infrastructure Coalition v. Eagle County, CO , “sends clear signals about how an agency should answer the key question about the scope of review for any...

CEQ Releases Detailed Plan To Use Technology To Speed NEPA Reviews

Responding to a 2023 congressional mandate, the White House is releasing a detailed plan to use technology to speed permitting under the National Environmental Policy Act (NEPA), a measure that could speed environmental reviews as policymakers and the Supreme Court criticize the law for delaying infrastructure projects. The strategy “will guide the government-wide implementation of 21st-century technology to eliminate needless delays to important infrastructure projects, protecting the economic well-being and welfare of the American people,” the White House says in...

SG Urges High Court To Reverse CWA Citizen Suit Ruling On State Limits

Solicitor General (SG) D. John Sauer is urging the Supreme Court to reverse an appellate court ruling that allowed plaintiffs to use the Clean Water Act (CWA) citizen suit provisions to enforce state mandates that are “greater in scope” than federal requirements, saying it is a “suitable vehicle” for resolving a circuit split on the issue. Sauer filed a May 27 amicus brief on behalf of the United States in Port of Tacoma, et al., v. Puget Soundkeeper Alliance...

Trump’s Scientific Integrity EO Increases Political Scrutiny Of EPA Science

President Donald Trump has signed an executive order (EO) on scientific integrity across the federal government that seeks to make agency research more “transparent” and promote consideration of “alternative scientific opinions,” though critics say it will increase political scrutiny of EPA science and open the door to use of more industry data. The order is about “shielding industry and creating a research vacuum so that Trump and his political appointees and cronies can go fill it with their own junk...

EPA Quietly Eases Haze Policy, Sparking State, Environmentalist Warnings

EPA has quietly adopted a new policy easing state and industry requirements to limit haze-forming emissions, a move that is sparking stiff criticism from environmentalists and East Coast regulators, who are condemning the plan as unlawful and a “complete and unsupported reversal in position” even as industry and GOP states welcome the move. EPA announced the new policy in an April 18 proposal to approve West Virginia’s state implementation plan (SIP) for the second phase of the haze program, which...

Judge Poised To Halt RIFs, Reorganization Amid White House-EPA Clash

A federal judge is poised to issue a preliminary injunction further barring the reorganization and downsizing of EPA and other agencies, as emerging details suggest that EPA leadership may have clashed over the size of personnel cuts with White House officials who were pushing for large-scale firings. Judge Susan Illston said at the start of a May 22 hearing that President Donald Trump’s executive order (EO) for restructuring and staff cuts, as well as agency plans to implement the EO,...

Environmentalists Sue EPA Over Iron And Steel Air Toxics Rule Freeze

Environmentalists are suing EPA over its decision to freeze implementation of a Biden-era regulation tightening emissions controls for iron and steel production, while the agency reconsiders issues raised by industry petitioners, but seemingly ignores several complaints raised by environmentalists in their own petition for reconsideration. In a lawsuit filed May 16 in the U.S. Court of Appeals for the District of Columbia Circuit, Gary Advocates for Responsible Development, Hoosier Environmental Council, Just Transition Northwest Indiana and Sierra Club seek review...

EPA’s Texas Air Plan Approval Revives ‘Project Accounting’ NSR Debate

EPA’s approval of a Texas air quality plan is reviving discussion over the agency’s “project emissions accounting” (PEA) rule that sought to ease new source review (NSR) permitting for industry, even as the underlying policy is subject to ongoing litigation and environmentalists continue to criticize the rule. In a May 19 Federal Register notice , EPA gives final approval to a Texas state implementation plan (SIP) for attaining National Ambient Air Quality Standards (NAAQS) that contains terms from the...

As Deadline Looms, DOJ Asks Justices To Allow EPA RIFs, Reorganization

The Trump administration is asking the Supreme Court to swiftly weigh in on its authority to reorganize and downsize EPA and other federal agencies ahead of a series of critical lower-court deadlines, seeking to skip over a pending review of the case in an appellate court. The Justice Department (DOJ) on May 16 filed an application for a stay of the U.S. District Court for the Northern District of California’s temporary restraining order (TRO), which blocked sweeping reorganizations and firings...

Zeldin Faces Bipartisan Skepticism From Appropriators On FY26 Budget

Senate appropriators from both parties are expressing concern about the Trump administration’s proposed steep cuts to EPA’s budget in fiscal year 2026, particularly funding for state water infrastructure and environment programs, with one top Republican suggesting the proposal is “unserious.” In his first appearance before Congress since his confirmation, Administrator Lee Zeldin testified at a May 14 hearing of a Senate Appropriations panel, defending the Trump administration’s May 2 “ skinny” budget proposal . That plan cuts the Clean Water...

In State Precedent, EPA Plans To Approve North Dakota CCR Permit Program

EPA is proposing to approve North Dakota’s application to run its own coal combustion residuals (CCR) permitting program that would operate in lieu of federal coal ash rules, the first such proposal from the Trump administration that could set a precedent for other states that may seek similar approvals. EPA issued a prepublication version of its proposed approval May 12, which would allow the state to manage coal ash disposal in surface impoundments and landfills as opposed to the federal...

Federal Judge Blocks EPA Reorganization, Staff Firings As DOJ Quickly Appeals

A federal judge has blocked the Trump administration’s firings and reorganizations at EPA and other federal agencies -- a move which could block Administrator Lee Zeldin’s high-profile effort to eliminate the agency's research office and make other structural and personnel changes -- though the Justice Department (DOJ) quickly appealed the decision. Judge Susan Illston -- a Clinton appointee to the U.S. District Court for the Northern District of California – issued a May 9 order granting environmental and labor plaintiffs’...

Trump’s First 100 Days At EPA: Deregulation, Funding Freezes And Injunctions

As President Donald Trump begins the 100th day of his second term, his administration is attempting a sweeping reversal of the federal government’s commitment to environmental protection, with plans to scale back an array of EPA rules, jettison environmental justice (EJ) efforts and significantly streamline environmental reviews. Trump has also sought to claw back billions of dollars in Biden-era funding for environmental and climate programs and slash the EPA workforce -- though many of those efforts are already subject to...

Conservatives Skeptical Of White House 10-For-1 Rule Repeal Directive

Conservative scholars are expressing skepticism that President Donald Trump can successfully compel EPA and other federal agencies to revoke 10 rules for every new rule issued, after the White House released guidance explaining how to comply with the president’s stepped-up deregulatory effort. The March 26 guidance from Jeffrey Clark, who is serving as acting administrator of the White House Office of Information & Regulatory Affairs, details how to implement Trump’s Jan. 31 executive order (EO), “Unleashing Prosperity Through Deregulation.” Environmentalists...

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