DALLAS -- Environmentalists' efforts to appeal a ruling that vacated energy regulators' push to encourage demand response programs could provide judges with the first opportunity to apply a key high court ruling on when EPA and other agencies have deference in determining their own jurisdiction, one environmentalist says, a key legal question the agency faces as it crafts its greenhouse gas (GHG) rules for power plants.
McCarthy Seeks Early State Input To Address Possible Revisions To ESPS
EPA Encourages States To Form Regional Climate ESPS Compliance Plans
New Report Finds States Have Tools To Limit ESPS Compliance Costs
The Senate environment panel is set to consider EPA's newly proposed greenhouse gas rules for existing power plants. In the House, lawmakers will consider EPA's framework for integrating Clean Water Act permits for stormwater and wastewater. And industry and states are set to submit new arguments on whether courts should allow EPA to set a new timetable for implementing its Cross-State Air Pollution Rule (CSAPR).
EPA is rejecting calls by its Office of Inspector General (OIG) to pursue more stringent action to reduce leaks of the potent greenhouse gas methane from natural gas pipelines, including rejecting OIG's recommendation for a performance goal specifically for distribution.
Environmentalists appear to be increasingly suing industrial facilities in Clean Water Act (CWA) citizen suits over their stormwater releases in an effort to strengthen their permit requirements after EPA shelved its rulemaking that had been expected to set numeric stormwater retention standards for all new construction and redevelopment projects.
Echoing administration advisors, environmentalists are urging EPA to ensure that its pending Toxic Substances Control Act (TSCA) rulemaking for obtaining data on chemicals used in hydraulic fracturing processes creates a stricter -- and mandatory -- alternative to FracFocus, the controversial voluntary disclosure system created by states and industry.
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