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The Supreme Court's decision to hear an appeal from the power sector and several states challenging EPA's utility maximum achievable control technology (MACT) air toxics rule is prompting regulatory uncertainty, sources say, as the court could scrap the rule entirely or require a comprehensive new review of whether it is cost effective.

The U.S. Court of Appeals for the 4th Circuit has granted environmentalists' request to transfer to the 2nd Circuit litigation over EPA's Clean Water Act (CWA) cooling water intake rule over objections from EPA and industry, an early win for advocates who say prior 2nd Circuit rulings mean the court may be more favorable to their suit.

EPA's Scientific Advisory Panel (SAP), which peer reviews scientific research for the agency's toxics office, gave enthusiastic support to the general approach agency scientists presented for prioritizing chemicals to undergo endocrine disruptor screening using high-throughput and computational tools, but are seeking further work and validation of aspects of the approach.

Two major Midwestern stakeholder groups have submitted consensus comments on how EPA should revise its proposed rule to cut greenhouse gas (GHG) emissions from the power sector, providing the agency with a potential roadmap for moving the controversial measure forward in a coal-reliant region.

Utility sector and state officials are renewing their push for a narrow EPA coal ash disposal rule days ahead of the agency's Dec. 19 judicial deadline for finalizing the regulation, seeking a policy that would only target the power sector and not other non-utility ash producers while also giving states maximum flexibility on enforcing the rule.

Coal ash reuse industry officials are rejecting environmentalists' claims that the sector does not face any harm from “stigma” on reuse if EPA regulates ash as hazardous in its imminent Resource Conservation & Recovery Act (RCRA) ash disposal rule, citing data that industry says show such a rule would permanently stigmatize its use.