Monday, July 28, 2014
NARUC Meeting

Pending Appeal Of FERC Suit Could Mark Key Test For EPA's GHG Deference

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.

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McCarthy Seeks Early State Input To Address Possible Revisions To ESPS
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New Report Finds States Have Tools To Limit ESPS Compliance Costs

The Week Ahead

EPA Climate Meetings Likely To Draw Thousands; Agency's Stormwater 'Vision' Expected

EPA is hosting four meetings on its proposed greenhouse gas rules for existing power plants which are expected to draw thousands of public commenters. A top agency water official is slated to detail the agency's "vision" for addressing stormwater now that the agency has decided not to proceed with regulatory measures.

The Insider

GHG Rules Face Legal Questions

Legal experts are questioning whether EPA's plan for limiting greenhouse gas (GHG) emissions at power plants that undergo modifications can serve as a "backstop" for its GHG regulatory program.

Read the Insider

Court Orders EPA To Take Comment On Air Toxics 'Completion' Finding

A federal district court judge has ruled in favor of environmentalists' claim that EPA must take public notice and comment on its determination that it has satisfied a Clean Air Act mandate to regulate 90 percent of certain air toxics, though the judge declined to address the merits of whether the agency's determination is legally sound.

EPA Sees Administrative, Legal Hurdles For Novel Water Funding Pilot

Even though Congress may not fund the recently enacted water infrastructure financing pilot program in the upcoming fiscal year, EPA officials are identifying a series of administrative challenges they face in implementing the program and are gathering input from municipal and utility officials on how to interpret the legislative language.

Industry Says EPA Plan To Issue FIP For Existing Drilling Sites Is Unlawful

Energy industry groups are warning that EPA suggestions that it is considering crafting a federal implementation plan (FIP) for curbing emissions from existing minor sources at oil and gas sites on tribal lands -- largely in Western shale plays -- would be unlawful and EPA must instead address those sources on a case-by-case basis.

EPA Draws Criticism Over Limits On STAR Grants For Oil & Gas Monitoring

Absent EPA Rules, Citizens Sue To Strengthen Industry Stormwater Permits